QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: PARTIES: | Duggan v Workers' Compensation Regulator [2023] QIRC 309 Duggan, Cornelius v Workers' Compensation Regulator |
CASE NO: | WC/2020/20 |
PROCEEDING: | Appeal against decision of Workers' Compensation Regulator |
| DELIVERED ON: | 27 October 2023 |
HEARD AT: HEARING DATE: | Brisbane 19 April 2021 |
| MEMBER: | Hartigan DP |
ORDER: CATCHWORDS: | 1. The appeal is dismissed. 2. Should the Regulator wish to make an application for costs, such an application is to be filed in the Industrial Registry within 28 days of this decision. WORKERS' COMPENSATION – APPEAL AGAINST DECISION OF WORKERS' COMPENSATION REGULATOR – psychiatric or psychological injury - whether Appellant's injury was excluded pursuant to s 32(5) of the Workers' Compensation and Rehabilitation Act 2003 – whether Appellant's personal injury arose out of, or in the course of, reasonable management action taken in a reasonable way – determination of date of injury – management action reasonable – appeal dismissed. |
LEGISLATION: CASES: | Workers' Compensation and Rehabilitation Act 2003 (Qld) s 32 Kuenstner v Workers' Compensation Regulator [2016] QIRC 083 State of Queensland v Q-COMP [2010] ICQ 6 Allwood v Workers Compensation Regulator [2017] QIRC 88 |
APPEARANCES: | Mr T. O'Brien counsel instructed by Optimum Legal for the Appellant Mr C.J. Clark counsel directly instructed by Ms A. Schultz from the Workers' Compensation Regulator |
Reasons for the Decision
Introduction
Mr Cornelius Duggan appeals a decision of the Workers' Compensation Regulator ("the Regulator"), dated 19 February 2020, confirming the decision of WorkCover to reject his application for compensation in accordance with s 32 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) ("the WCR Act"). Mr Duggan claims that he has suffered a psychiatric or psychological injury whilst employed by Brisbane Catholic Education ('BCE').
Mr Duggan commenced employment on a full-time basis with BCE as a Groundsmen at the St Martin's Catholic Primary School at Carina on or about 15 May 2017. Mr Duggan had been working as a contractor at the school assisting the then Groundsman prior to this time.
In or around November 2018, Mr Duggan was the subject of an informal complaint made by a teacher at St Martin's (Ms WT)[1], to the Principal, Mr Geoffrey Sullivan. The substance of the complaint was that Mr Duggan had complimented Ms WT on her appearances and that this made Ms WT feel uncomfortable ('the first complaint).
[1] The Classroom teacher's name will not be used in these reasons and has been anonymised by the use of a pseudonym 'Ms WT'.
In response to the first complaint, Mr Sullivan directed Mr Duggan to, amongst other things, not approach or speak to Ms WT unless it is an emergency; and be mindful of being near Ms WT's classroom.
On or around 25 June 2019, Ms WT made a written formal complaint regarding Mr Duggan to Mr Sullivan ('the second complaint').
On or around 27 June 2019,…
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- AGLC
- Duggan v Workers' Compensation Regulator [2023] QIRC 309
- Case
- [2023] QIRC 309
- Decision Date
CaseChat Overview and Summary
The court found that the Appellant's psychiatric injury was not excluded under section 32(5) of the Workers' Compensation and Rehabilitation Act 2003. It was established that the Appellant's injury arose out of, and in the course of, his employment. However, the court held that the Appellant's injury was not caused by reasonable management action taken in a reasonable way. The evidence demonstrated that the management action taken was reasonable and did not contribute to the Appellant's injury. The court also determined that the date of the injury was after the Appellant was provided with the written complaint, which was not in dispute.
The appeal was dismissed, and the court's decision was that the Appellant's psychiatric injury was not caused by reasonable management action taken in a reasonable way. The court held that the Workers' Compensation Regulator's decision was correct, and there was no basis for the Appellant's appeal. Should the Regulator wish to make an application for costs, such an application is to be filed in the Industrial Registry within 28 days of this decision.
Orders
Orders of the court
1. The appeal is dismissed.
2. Should the Regulator wish to make an application for costs, such an application is to be filed in the Industrial Registry within 28 days of this decision.
WORKERS' COMPENSATION – APPEAL AGAINST DECISION OF WORKERS' COMPENSATION REGULATOR – psychiatric or psychological injury - whether Appellant's injury was excluded pursuant to s 32(5) of the Workers' Compensation and Rehabilitation Act 2003 – whether Appellant's personal injury arose out of, or in the course of, reasonable management action taken in a reasonable way – determination of date of injury – management action reasonable – appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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