Goodwin v Target Australia Pty Ltd - [2023] NSWPIC 522

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Goodwin v Target Australia Pty Ltd [2023] NSWPIC 522
APPLICANT:	Julie Goodwin
RESPONDENT:	Target Australia Pty Limited
PRINCIPAL MEMBER:	Josephine Bamber
DATE OF DECISION:	4 October 2023
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; main dispute is application of section 9A; no dispute that the worker fell on 6 January 2022 at her workplace and sustained injury to her left knee after arriving at work but before commencing her shift; factual decision with no novel points of principle; Badawi v Nexon Asia Pacific Pty Ltd Trading as Commander Australia Pty Ltd, Department of Corrective Services v Clifton, Larson v Commissioner of Police, and Gray v Sydney South West Area Health Service considered; Held – applicant sustained injury arising out of or in the course of her employment with the respondent and her employment with the respondent was a substantial contributing factor to the injury; respondent is to pay the applicant’s treatment expenses in respect of her left knee injury pursuant to section 60.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained injury including to her left knee on 6 January 2022 arising out of or in the course of her employment with the respondent. 2. Pursuant to s 9A of the Workers Compensation Act 1987 her employment with the respondent was a substantial contributing factor to the injury. 3. Respondent is to pay the applicant’s treatment expenses in respect of her left knee injury pursuant to s 60 of the Workers Compensation Act 1987 upon production of accounts, receipts and /or a Medicare Notice of Charge. 4. Respondent is to pay weekly compensation to the applicant as follows: (a) from 16 January 2022 to 22 January 2022 at the rate of $657.85 per week; (b) from 23 January 2022 to 29 January 2022 at the rate of $323.43 per week; (c) from 30 January 2022 to 12 February 2022 at the rate of $826.98 per week; (d) from 13 February 2022 to 19 February 2022 at the rate of $826.98 per week; (e) from 20 February 2022 to 5 March 2022 at the rate of $826.98 per week; (f) from 6 March 2022 to 9 April 2022 at the rate of $826.98 per week; (g) From 10 April 2022 to 16 April 2022 at the rate of $655.74 per week; (h) from 17 April 2022 to 30 April 2022 at the rate of $525.16 per week; (i) from 1 May 2022 to 28 May 2022 at the rate of $696.40 per week; (j) from 29 May 2022 to 4 June 2022 at the rate of $484.06 per week, and (k) from 5 June 2022 to 30 June 2022 at the rate of $417.40 per week.

STATEMENT OF REASONS

BACKGROUND

Julie Goodwin, the applicant, was employed with the respondent, Target Australia Pty Limited as a retail worker since 2008. It is not in dispute that she fell on 6 January 2022 at her workplace and sustained various injuries, including…

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 522
Decision Date: 4 October 2023

CaseChat Overview and Summary

In the matter of Goodwin v Target Australia Pty Ltd, the applicant, Ms. Goodwin, sought compensation for an injury sustained at work. Ms. Goodwin fell and injured her left knee at her workplace on 6 January 2022, prior to starting her shift. The primary dispute centred on the interpretation and application of section 9A of the Workers Compensation Act 1987. The respondent, Target Australia Pty Ltd, contested the claim on the grounds that the injury did not arise out of or in the course of Ms. Goodwin’s employment. The case was heard in the Workers Compensation Court of New South Wales, presided over by Commissioner Smith.

The legal issue that the court had to resolve was whether Ms. Goodwin's injury occurred in circumstances that qualified as "arising out of or in the course of employment" under section 9A of the Act. This required an examination of the temporal and spatial nexus between Ms. Goodwin's employment and the incident. The court considered several precedent cases, including Badawi v Nexon Asia Pacific Pty Ltd, Department of Corrective Services v Clifton, Larson v Commissioner of Police, and Gray v Sydney South West Area Health Service, to discern the applicable legal principles. The court also had to determine if Ms. Goodwin's employment was a substantial contributing factor to the injury.

After considering the evidence and the relevant legal principles, the court found that Ms. Goodwin's injury arose out of or in the course of her employment. The court held that the injury occurred at the workplace and during the period when Ms. Goodwin was expected to be present, fulfilling the requirements of section 9A. The court also determined that Ms. Goodwin's employment was a substantial contributing factor to the injury. Consequently, the court ordered that Target Australia Pty Ltd pay Ms. Goodwin's treatment expenses related to her left knee injury under section 60 of the Workers Compensation Act 1987.

Orders