Field v Department of Education and Communities

The appeal before the NSW Workers Compensation Commission was between the worker, Field, and the Department of Education and Communities. The worker argued that his claim for workers' compensation in relation to an injury sustained during a journey from his home to his workplace should be upheld. The appeal arose out of a decision by the Arbitrator that the worker had failed to establish a real and substantial connection between his employment and the accident. The Commission was required to determine whether the Arbitrator's decision was correct and if the worker had indeed established a real and substantial connection between his employment and the incident that led to his injury.

The key legal issue was whether the worker had demonstrated a real and substantial connection between his employment and the accident, as required by section 10(3A) of the Workers Compensation Act 1987. The court needed to consider the principles set out in Attorney General’s Department v K [2010] NSWWCCPD 76, which emphasise that a real and substantial connection exists if there is a link between the employment and the journey, such that the employment is a significant contributing factor to the journey being undertaken. The Commission also had to assess whether the worker's belief and perception about the necessity of his quick journey due to the late notice were relevant in establishing this connection.

The Commission found that the Arbitrator had erred in not accepting unchallenged evidence and in failing to consider the worker’s perception of the necessity to hurry to school due to the late notice. The Commission held that the worker had established a real and substantial connection between his employment and the accident, as the employment was a significant contributing factor to the journey being undertaken. The worker's belief and perception that he needed to hurry because of the late notice were relevant in establishing this connection. Consequently, the Arbitrator's decision was revoked, and the Commission found that compensation was payable to the worker. The matter was remitted to another Arbitrator for determination of all outstanding matters, and the employer was ordered to pay the worker's costs.