| WORKERS COMPENSATION COMMISSION | |||
| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR | |||
| CITATION: | Cronje v Leighton Contractors Pty Ltd [2015] NSWWCCPD 16 | ||
| APPELLANT: | Guill Cronje | ||
| RESPONDENT: | Leighton Contractors Pty Ltd | ||
| INSURER: | CGU Workers Compensation (NSW) Ltd | ||
| FILE NUMBER: | A1-3829/14 | ||
| ARBITRATOR: | Ms D Moore | ||
| DATE OF ARBITRATOR’S DECISION: | 31 October 2014 | ||
| DATE OF APPEAL DECISION: | 3 March 2015 | ||
| SUBJECT MATTER OF DECISION: | Claim for weekly compensation for psychological injury; whether s 74 notice disputed current work capacity; whether Arbitrator erred in determining that worker had no economic incapacity from a specified date; failure to give reasons; failure to determine claim for weekly compensation in accordance with the legislation; ss 32A, 35 and 37 of the Workers Compensation Act 1987, as amended by the Workers Compensation Legislation Amendment Act 2012; need to apply the new terminology introduced by the Workers Compensation Legislation Amendment Act 2012; relevance of post-injury work in worker’s own business; assessment of ability to earn in suitable employment where worker effectively self-employed; relevance of earnings of worker’s own business | ||
| PRESIDENTIAL MEMBER: | Deputy President Bill Roche | ||
| HEARING: | On the papers | ||
| REPRESENTATION: | Appellant: | Taylor & Scott Lawyers | |
| Respondent: | BBW Lawyers | ||
| ORDERS MADE ON APPEAL: | 1. Paragraphs 1, 2, 4 and 5 of the Certificate of Determination of 31 October 2014 are confirmed. 2. Paragraph 3 of the Certificate of Determination of 31 October 2014 is revoked and the matter remitted to a different Arbitrator for re-determination of the appellant worker’s entitlement to weekly compensation from 1 April 2014 to date and continuing. 3. No order as to costs. | ||
INTRODUCTION
This appeal concerns whether the worker’s capacity to work was an issue properly before the Senior Arbitrator, that is, if it was a matter disputed in the s 74 notice and, if it was, whether the Senior Arbitrator erred in deciding that the worker had no entitlement to weekly compensation after a date and in giving no reasons for that finding. For the reasons explained below, the first point is unsuccessful but the second and third are upheld. As a result, part of the claim must be re-determined.
BACKGROUND
The appellant worker, Guill Cronje, worked for the respondent employer, Leighton Contractors Pty Ltd, as a plumber. On 15 August 2012, he suffered a needle stick injury while pumping water out of a sediment pond. He reported the incident and saw the company doctor. Blood tests were arranged and Mr Cronje was certified fit for work.
As a result of the needle stick injury, Mr Cronje developed major depression, which forced him to stop work at the end of January 2013. The insurer accepted the claim and paid weekly compensation until 3 October 2013, having disputed liability in a s 74 notice dated 22 August 2013.
Essentially, liability was disputed because:
(a) any incapacity within the meaning of s 33 of the Workers Compensation Act 1987 (the 1987 Act) which may have resulted from any work-related injury ceased by 3 July 2013;
(b) Mr Cronje was fit for his…
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- Case
- [2015] NSWWCCPD 16
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court involved the interpretation and application of the amended sections 32A, 35, and 37 of the Workers Compensation Act 1987. Specifically, the court needed to ascertain whether the Arbitrator had properly applied the new terminology introduced by the 2012 amendments. It also needed to determine if the Arbitrator correctly assessed the appellant's economic incapacity and ability to earn in suitable employment, considering that the appellant was effectively self-employed through his own business post-injury. Another key issue was whether the Arbitrator's determination contained sufficient reasons and complied with legislative requirements.
The court found that the Arbitrator had erred in concluding that the appellant had no economic incapacity from a specified date and failed to provide adequate reasons for this determination. The court held that the Arbitrator did not adequately address the appellant's ability to earn in suitable employment, especially considering his self-employment status and the relevance of his business earnings. The court also noted that the Arbitrator did not apply the new terminology introduced by the 2012 amendments correctly. As a result, the court revoked paragraph 3 of the Certificate of Determination and remitted the matter to a different Arbitrator for re-determination of the appellant's entitlement to weekly compensation from 1 April 2014 to date and continuing.
The orders of the court confirmed paragraphs 1, 2, 4, and 5 of the Certificate of Determination of 31 October 2014, while revoking paragraph 3 and remitting the matter to a different Arbitrator for re-determination of the appellant's entitlement to weekly compensation from 1 April 2014 to date and continuing. The court made no order as to costs.
Orders
Orders of the court
1. Paragraphs 1, 2, 4 and 5 of the Certificate of Determination of 31 October 2014 are confirmed.
2. Paragraph 3 of the Certificate of Determination of 31 October 2014 is revoked and the matter remitted to a different Arbitrator for re-determination of the appellant worker’s entitlement to weekly compensation from 1 April 2014 to date and continuing.
3. No order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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