Ebsworth v Workers' Compensation Regulator

[2017] QIRC 28

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:  

Ebsworth v Workers' Compensation Regulator [2017] QIRC 028

PARTIES:  

Paul Ebsworth
(Appellant)

v

Workers' Compensation Regulator
(Respondent)

CASE NO:

WC/2016/94

PROCEEDING:

Appeal against a decision of the Workers' Compensation Regulator

DELIVERED ON:

5 April 2017       

HEARING DATES: 

12, 13, 14 December 2016

HEARD AT:

Brisbane

MEMBER:

Industrial Commissioner Black

ORDERS:

1.      The Appeal is dismissed;

2.      The decision of the regulator dated 10 May 2016 is confirmed;

3.      Costs are reserved.

CATCHWORDS:

WORKERS' COMPENSATION - APPEAL AGAINST DECISION – psychological injury – multi-factorial causation – association with employment in contention – whether injury removed from s 32(1) by virtue of the operation of s 32(5)(c) – whether injury arose out of, or in the course of, the workers' compensation claims process.

CASES:

Workers' Compensation and Rehabilitation Act 2003, s 32(1), s 32(5)(c), s 550; Simon Blackwood (Workers' Compensation Regulator) v Mahaffey [2016] ICQ 010.

APPEARANCES:

Mr C Newton, Counsel, instructed by Hayes Gabriel Solicitors, for the Appellant.
Mr P O'Neill, Counsel, instructed by the Workers' Compensation Regulator, the Respondent.

Decision

Introduction

1. Mr Paul Ebsworth ("the appellant") appeals a decision of the Workers' Compensation Regulator ("the regulator") dated 10 May 2016 in which the regulator confirmed an earlier decision of the self-insurer, Glencore Queensland Limited, to reject his application for compensation. The appellant had notified the self-insurer of a secondary psychological injury on 2 November 2015.  The appellant's application for review was received by the regulator on 22 February 2016.

1. The appellant had been employed by Clermont Coal Pty Ltd since 1 February 2014 in the capacity of dozer operator. It was the appellant's case that he developed the psychological injury secondary to an accepted physical injury sustained on 10 April 2015 while operating his dozer. The accepted injury was described as an "aggravation of pre-existing degenerative spondylosis". In his notice of appeal, the appellant said that he suffered, and continues to suffer from, a major depressive disorder and that the disorder was directly caused by his accepted physical injury.

1. The appellant had sought treatment for his lower back injury from the Noosa General Practice on 14 April 2015 and lodged a workers' compensation claim on 29 April 2015. While this claim was initially rejected by the self-insurer on 11 June 2015, this decision was subsequently set-aside by the regulator's review unit on 9 October 2015, and it was determined that the claim was one for acceptance.

2. The self-insurer responded to the accepted claim by making weekly payments from the date of injury to 10 July 2015 and by reimbursing medical expenses incurred up to 31 July 2015. On 18 November 2015 the self-insurer decided to cease the claim on the basis that the effects of the aggravation would have resolved by 10 July 2015 and the requirement for medical benefits would have ended by 31 July 2015. While the appellant sought a review of the self-insurer's decision to cease payments and benefits, this decision was confirmed by the regulator's review unit in a decision…