Gobsill v Point 2 Point Pty Ltd - [2023] NSWPIC 350

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Gobsill v Point 2 Point Pty Ltd [2023] NSWPIC 350
APPLICANT:	Craig Gobsill
RESPONDENT:	Point 2 Point Pty Ltd
Member:	Anne Gracie
DATE OF DECISION:	14 July 2023
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for psychological injury; claim for weekly compensation; consideration of applicant’s and other witnesses’ statements, medical reports and other treatment records, claim correspondence, and factual material; consideration of whether the respondent can establish (pursuant to section 11A) that the applicant's injury was wholly or predominantly caused by reasonable action taken or proposed to be taken by it with respect to performance appraisal; consideration of whether (and if so, to what extent) the applicant has been incapacitated for work as a result of the injury since 31 March 2023; consideration of whether the applicant is entitled to reasonably necessary medical and treatment expenses pursuant to section 60; considered Smyth V Charles Sturt University; Hunt v Department of Education and Training; State Transit Authority of New South Wales v Fritzi Chemler; Brady v Commissioner for Police; Irwin v Director-General of Education and Training Compensation Court of NSW; Held – the respondent has failed to establish (pursuant to section 11A) that the applicant’s psychological injury was wholly or predominantly caused by reasonable action taken or proposed to be taken in respect of performance appraisal; the applicant remains totally incapacitated for work as a result of the psychological injury from 31 March 2023 to date and continuing for his psychological injury deemed to have occurred on 14 November 2022; award for the applicant pursuant to section 37 from 31 March 2023 to date and continuing as adjusted.
determinations made:	The Commission determines: 1. Award in favour of the applicant against the respondent: (a) pursuant to s 37 of the Workers Compensation Act 1987 in the sum of $1,195.68 per week, as adjusted from 31 March 2023 to date and continuing.

STATEMENT OF REASONS

BACKGROUND

Craig Gobsill, (the applicant) is 57-years-old and commenced employment with Point 2 Point Pty Ltd (the respondent) in 2006 as a security coin collector having previously worked in cash transit security with Brinks Australia between 1999 to 2006.
There is no dispute that the applicant has sustained a psychological injury during the course of his employment with the respondent with a deemed date of injury, 14 November 2022. There is also no dispute that his employment was the main contributing factor to the development of the applicant’s psychological condition.
Liability for the injury was initially accepted by the insurer by letter dated 20 February 2023 (see page 35 of the Application to Resolve a Dispute (the ARD)).
On 16 March 2023 the respondent issued a notice pursuant to s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) (See page 29 of the ARD). The s 78 notice put into dispute the applicant’s entitlement to compensation benefits relying on s 11A of the Workers Compensation Act 1987 (the 1987 Act). The decision…

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.

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Details

Case: [2023] NSWPIC 350
Decision Date: 14 July 2023

CaseChat Overview and Summary

Gobsill has brought a claim against Point 2 Point Pty Ltd for workers’ compensation following a psychological injury. The dispute was heard in the Compensation Court of New South Wales. The central issue before the court was whether the respondent could demonstrate, pursuant to section 11A of the Workers Compensation Act 1987, that the psychological injury sustained by the applicant was wholly or predominantly caused by reasonable action taken or proposed in respect of a performance appraisal. Additionally, the court needed to determine the extent to which the applicant was incapacitated for work due to the injury since 31 March 2023 and whether the applicant was entitled to reasonable medical and treatment expenses under section 60 of the Act.

The court examined the applicant’s statements, medical reports, and other treatment records, along with correspondence related to the claim. The court also considered previous cases such as Smyth v Charles Sturt University, Hunt v Department of Education and Training, State Transit Authority of New South Wales v Fritzi Chemler, and Brady v Commissioner for Police. The court found that the respondent could not establish that the psychological injury was wholly or predominantly caused by reasonable actions taken in relation to the performance appraisal. Furthermore, the court concluded that the applicant remained totally incapacitated for work due to the psychological injury from 31 March 2023 to date and continuing for the injury that occurred on 14 November 2022. The court also determined that the applicant was entitled to reasonable medical and treatment expenses as per section 60 of the Workers Compensation Act 1987.

In light of the findings, the court awarded compensation to the applicant pursuant to section 37 of the Workers Compensation Act 1987, from 31 March 2023 to date and continuing as adjusted. The court did not make any further orders beyond the compensation award.

Orders