Gardyne v Med-X Pty Ltd - [2024] NSWPIC 421

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Gardyne v Med-X Pty Ltd [2024] NSWPIC 421
APPLICANT:	Andrew Hunter Gardyne
RESPONDENT:	Med-X Pty Ltd
MEMBER:	John Turner
DATE OF DECISION:	6 August 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; section 4; whether applicant suffered injury in the form of adult onset asthma and vocal cord dysfunction due to exposure to bushfire smoke in the course of employment; claim for medical and treatment expenses; Kooragang Cement Pty Ltd v Bates, AV v AW and Murphy v Allity Management Services Pty Ltd considered and applied; Held – applicant has sustained injury in the form of vocal cord dysfunction and adult onset asthma as a result of exposure to smoke from bushfires in the course of his employment with the respondent; respondent to pay the applicant’s reasonably necessary medical and related expenses as a result of injury.
DETERMINATIONS MADE:	The Commission determines: 1. The claim in the Application to Resolve a Dispute for medical, hospital or related expenses is amended to a claim for a general order pursuant to s 60 of the Workers Compensation Act 1987. 2. That the applicant has sustained injury in the form of vocal cord dysfunction and adult onset asthma as a result of exposure to smoke from bushfires in the course of his employment with the respondent with a deemed date of injury of 7 November 2019. 3. Pursuant to s 60 of the Workers Compensation Act 1987 the respondent is to pay the applicant’s reasonably necessary medical and related expenses as a result of injury deemed to have occurred on 7 November 2019.

STATEMENT OF REASONS

BACKGROUND

At all relevant times Mr Andrew Gardyne, the applicant was employed by Med-X Pty Ltd, the respondent, as a driver and collector of clinical waste.
The applicant has brought proceedings in the Personal Injury Commission (Commission) in which he alleges he sustained injury on the deemed date of 7 November 2019. The applicant alleges that in the course of his employment with the respondent from August 2019 to November 2019 he travelled through smoke laden bush fire areas throughout Coffs Harbour to North and South of Sydney including passing Newcastle and the Central Coast, which had low air quality index. The applicant alleges that as a result of the exposure to bush fire smoke he developed asthma and vocal cord dysfunction.
The applicant claims medical, hospital and related treatment expenses pursuant to s 60 of the Workers Compensation Act 1987 (the 1987 Act).

ISSUES FOR DETERMINATION

The parties agree that the following issues remain in dispute:
(a)    the respondent disputes that the applicant has sustained injury as alleged;
(b)    the respondent disputes that the applicant’s employment was a substantial contributing factor to any alleged injury;
(c)    the respondent disputes that the applicant’s employment was the main contributing factor to the contraction, aggravation, acceleration and/or deterioration of a disease, and
(d)    the respondent disputes that the claimed treatment is/was reasonably necessary as a result of an injury.

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.

Continue reading Gardyne v Med-X Pty Ltd

Details

AGLC: Gardyne v Med-X Pty Ltd [2024] NSWPIC 421
Case: [2024] NSWPIC 421
Decision Date: 6 August 2024

CaseChat Overview and Summary

The case of Gardyne v Med-X Pty Ltd was heard by the Workers Compensation Magistrates Tribunal of New South Wales. The applicant, Mr Gardyne, sought compensation for injuries he claimed to have sustained in the form of adult onset asthma and vocal cord dysfunction due to exposure to smoke from bushfires while working for the respondent, Med-X Pty Ltd. The dispute centred on whether these conditions constituted injuries for the purposes of the Workers Compensation Act 1987 and whether they arose out of or in the course of Mr Gardyne's employment.

The primary legal issue the tribunal had to resolve was whether the conditions suffered by Mr Gardyne qualified as injuries under the Act and whether they were linked to his employment. The tribunal considered relevant case law, including Kooragang Cement Pty Ltd v Bates, AV v AW, and Murphy v Allity Management Services Pty Ltd, to determine the nature and origin of the applicant's conditions. It was necessary to establish if the exposure to bushfire smoke was an integral part of the employment, and if so, whether it caused the applicant's medical conditions.

In reaching its decision, the tribunal closely examined the evidence regarding Mr Gardyne's work activities and the circumstances of his exposure to bushfire smoke. It concluded that Mr Gardyne had sustained injuries in the form of vocal cord dysfunction and adult onset asthma due to the specific work-related exposure to bushfire smoke. The tribunal found that these conditions arose out of and in the course of his employment, thereby satisfying the criteria for compensation under the Workers Compensation Act 1987. Consequently, the tribunal ordered the respondent to pay the applicant’s reasonably necessary medical and related expenses resulting from his injuries.

Orders