Dous v Blacktown City Council - [2025] NSWPIC 24

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Dous v Blacktown City Council [2025] NSWPIC 24
APPLICANT:	Nagwa Dous
RESPONDENT:	Blacktown City Council
MEMBER:	Michael Moore
DATE OF DECISION:	9 January 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; applicant was employed by the respondent in a childcare centre working as a cook; applicant alleged a psychological injury as a consequence of being verbally abused and attacked by a parent of children at the childcare centre and as a consequence of her subsequent treatment by the respondent; the respondent denied liability on the basis that no injury was sustained (section 4), that employment was not a substantial contributing factor (section 9A), that if the applicant had sustained a psychological injury it was as a consequence of reasonable action taken or proposed to be taken with respect to transfer (section 11A), that the applicant was not incapacitated as claimed (section 33), and that there was no entitlement to payment of medical and related expenses (section 60); a further issue raised at hearing was that as the applicant ceased work on 15 March 2024 and was being paid weekly compensation in respect of a separate physical injury from that date to the present date, there was an issue as to whether any award of weekly compensation would involve payment of dual benefits and accordingly whether the discretion under section 46 should be exercised to reduce any award of weekly compensation; Held – the applicant had suffered a disease injury within the meaning of section 4(b)(i) being a primary psychological injury; the applicant’s employment was the main contributing factor to the disease; the deemed date of injury was 15 March 2024 (also being the date from which payments of weekly compensation for the separate physical injury were being paid); the applicant has had no current work capacity from the deemed date of injury to the present date as a consequence of the primary psychological injury; the applicant has suffered two injuries resulting in one incapacity; respondent ordered to pay weekly compensation pursuant to section 37 from 26 July 2024 to date and continuing on the basis of the applicant having no current work capacity; pursuant to section 46 the weekly compensation payable to the applicant is to be reduced by the amounts already paid or being paid in respect of the physical injury; respondent ordered to pay the applicant’s section 60 expenses.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant suffered a primary psychological injury as a result of events in the workplace between 22 January 2024 and 15 March 2024. 2. The applicant’s employment was the main contributing factor to the applicant’s primary psychological injury. 3. The deemed date of injury of the applicant’s primary psychological injury is 15 March 2024 being the date of incapacity. 4. The applicant’s primary psychological injury was not wholly or predominantly caused by reasonable action taken or proposed to be taken by the respondent with respect to transfer within the meaning of s 11A of the

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Dous v Blacktown City Council and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2025] NSWPIC 24
Decision Date: 9 January 2025

CaseChat Overview and Summary

The case of Dous v Blacktown City Council was heard before the relevant tribunal concerning a claim for workers' compensation by Dous, who was employed as a cook at a childcare centre operated by Blacktown City Council. Dous alleged a psychological injury due to being verbally abused and attacked by a parent of children at the centre, as well as from the Council's subsequent treatment of her. The Council denied liability on several grounds, including that no injury was sustained, employment was not a substantial contributing factor to the alleged injury, and any injury was a consequence of reasonable action taken with respect to transfer. The Council also argued that Dous was not incapacitated as claimed and that there was no entitlement to payment of medical and related expenses.

The legal issues the court had to address included whether Dous suffered a compensable injury, whether her employment was a substantial contributing factor to the alleged psychological injury, and whether the Council's actions constituted reasonable management practices. Another significant issue was whether Dous's receipt of weekly compensation for a separate physical injury would result in dual benefits, and if so, whether the tribunal should exercise its discretion under section 46 to reduce any award of weekly compensation. The tribunal found that Dous had suffered a primary psychological injury, which was mainly due to her employment, and that she had been incapacitated since 15 March 2024.

In its decision, the tribunal concluded that Dous had indeed suffered a compensable psychological injury, which was primarily due to her employment at the childcare centre. The deemed date of injury was set as 15 March 2024, the same date from which Dous had been receiving weekly compensation for a separate physical injury. The tribunal also found that Dous had no current work capacity from the deemed date of injury to the present date as a result of her primary psychological injury. The tribunal further determined that Dous had suffered two injuries resulting in one incapacity. Consequently, the Council was ordered to pay weekly compensation to Dous from 26 July 2024, with the amount to be reduced by the payments already made for the physical injury under section 46. Additionally, the Council was directed to cover Dous's expenses under section 60.

Orders