Etherington v Anglo Coal (Capcoal Management) Pty Ltd

INDUSTRIAL COURT OF QUEENSLAND

CITATION:

Etherington v Anglo Coal (Capcoal Management) Pty Ltd [2019] ICQ 4

PARTIES:

JOHN BRIAN ETHERINGTON

(appellant)

v
ANGLO COAL (CAPCOAL MANAGEMENT) PTY LTD

(respondent)

FILE NO:

C/2017/23

PROCEEDING:

Appeal

DELIVERED ON:

3 May 2019

HEARING DATE:

26 February 2018

MEMBER:

Martin J, President

ORDER:

The appeal is dismissed.

CATCHWORDS:

WORKERS’ COMPENSATION – ENTITLEMENT TO COMPENSATION – EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE – EMPLOYMENT SUBSTANTIAL OR SIGNIFICANT CONTRIBUTING FACTOR – TO INJURY – where the appellant, a worker, suffered a psychiatric injury – where the Commission found that the injury arose out of the appellant’s employment and his employment was the major significant contributing factor – where the Commission further found that the injury had arisen out of reasonable management action taken in a reasonable way in connection with the appellant’s employment and his perception of reasonable management action taken against him – whether the Commission’s reasons were sufficient – whether findings made by the Commission were open on the evidence

APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – RIGHT OF APPEAL – NATURE OF RIGHT – APPEALS IN THE STRICT SENSE AND APPEALS BY WAY OF REHEARING – APPEALS BY WAY OF REHEARING – SCOPE AND EFFECT OF REHEARING – where the Workers’ Compensation and Rehabilitation Act 2003 provides that an appeal to the Court proceeds by way of rehearing – where the respondent submits that no error of law or fact has been established by the appellant – whether the appellant has demonstrated any error

Coal Mining Safety and Health Act 1999

Workers’ Compensation and Rehabilitation Act 2003, s 561

CASES:

Allesch v Maunz (2000) 203 CLR 172, cited

Coulton v Holcombe (1986) 162 CLR 1, cited

Fox v Percy (2003) 214 CLR 118, cited

McMah v Blackwood & BHP Billiton Coal Pty Ltd [2015] ICQ 009, cited

APPEARANCES:

Appellant in person

GC O’Driscoll instructed by Ashurst Lawyers for the respondent

1. Mr Etherington commenced employment with Anglo Coal in November 2011. In October 2014 he was appointed as a mine surveyor at the Foxleigh Mine. During that engagement he was supervised by Mr Chris Crosby, a technical services superintendent.

2. When this matter was before the Commission, Anglo Coal contended that Mr Etherington had not suffered a psychiatric injury within the meaning of the Workers’ Compensation and Rehabilitation Act 2003 (the Act) in that:

   (a)     any injury which did occur did not arise out of or in the course of his employment and that his employment was not the major significant contributing factor to such an injury, and

   (b)     if, contrary to that submission, an injury did arise, then Anglo Coal argued that it arose out of, or in the course of, reasonable management action taken in a reasonable way by it or it was due to Mr Etherington’s expectation, or perception, of reasonable management action taken against him.

3. There was no dispute that Mr Etherington had suffered from a major depressive disorder and that he was a…