QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Haack v Workers' Compensation Regulator [2017] QIRC 115 |
PARTIES: | Haack, Barry James v Workers' Compensation Regulator |
CASE NO: | WC/2016/115 |
PROCEEDING: | Appeal against decision |
DELIVERED ON: | 22 December 2017 |
HEARING DATES: | 3, 4 and 5 April 2017 |
MEMBER: | Deputy President O'Connor |
ORDERS: | 1. The appeal is allowed. 2. The decision of the respondent dated 14 June 2016 is set aside. 3. The application for compensation made by the appellant is one for acceptance. 4. The respondent is to pay the appellant's costs of and incidental to this appeal to be agreed or, failing agreement, to be the subject of a further application to the Commission. |
| CATCHWORDS: | WORKERS' COMPENSATION – APPEAL AGAINST DECISION OF WORKERS' COMPENSATION REGULATOR |
LEGISLATION: CASES: | Acts Interpretation Act 1954 (Qld), s 14D Workers' Compensation and Rehabilitation Act 2003 (Qld), s 32 Allwood v Workers' Compensation Regulator [2017] QIRC 088 Blackwood v Adams [2015] ICQ 001 Canadian General Electric Company Limited v The Ontario Labour Relations Board (1956) OR 437 Carlton v Blackwood [2017] ICQ 001 Commonwealth Bank v Reeve (2012) 199 FCR 463 Commonwealth Bank v Reeve (2012) 199 FCR 463 Davis v Blackwood [2014] ICQ 009 O'Brien v Q-Comp (2007) 185 QGIG 383 Read v Workers' Compensation Regulator [2017] QIRC 072 WorkCover Corp (SA) v Summers (1995) 65 SASR 243 |
| APPEARANCES: | Ms S.C. Anderson, Counsel instructed by Shine Lawyers for the appellant. Mr S.P. Gray, Counsel instructed directly by the respondent. |
Reasons for Decision
The appellant was employed as a charger/loader operator by Glencore Australia at the Lady Loretta Mine, an underground mine located north-west of Mt Isa.
The appellant's WorkCover compensation application was lodged on 16 January 2015. XtraCare, the self-insurer for Glencore Australia rejected the application by reasons for decision on 6 March 2015. The appellant lodged an application for review on 6 March 2015. The Regulator set aside the decision of XtraCare on 13 July 2015 and returned the matter to XtraCare with directions, particularly in relation to obtaining further medical evidence. XtraCare obtained a report from a psychiatrist and then issued a new decision on 30 September 2015. XtraCare advised the appellant, by letter also dated 30 September 2015, that it had again rejected his application. On the same day the appellant sought review of this second XtraCare decision. The Regulator again set aside the decision of XtraCare and returned it to XtraCare with instructions to refer the matter to the Medical Assessment Tribunal. XtraCare complied with the Regulator's direction. The Medical Assessment Tribunal provided its report on 17 March 2016. With the report of the Medical Assessment Tribunal XtraCare rejected the appellant's application for compensation on 6 April 2016. The appellant sought review of that decision but the Regulator confirmed it on 14 June 2016. The appellant filed a Notice of Appeal to this Commission on 8 July 2016 pursuant to section 549 of the Workers' Compensation…
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- AGLC
- Haack v Workers' Compensation Regulator [2017] QIRC 115
- Case
- [2017] QIRC 115
- Decision Date
CaseChat Overview and Summary
The key legal issues before the court were whether Mr Haack's psychiatric injury arose out of or in the course of his employment, whether his employment was the major significant contributing factor to the injury, and if the injury was excluded by section 32(5) of the Act. The court had to consider the evidence presented, including the medical evidence provided by Dr Karen Chau, a Consultant Psychiatrist, who diagnosed Mr Haack with an adjustment disorder and other psychiatric conditions. Dr Chau concluded that Mr Haack's employment was the sole contributing factor to his injury, specifically identifying certain work-related events as significant contributors.
The court found that Mr Haack had indeed suffered a personal injury that arose out of and in the course of his employment, and his employment was the major significant contributing factor to the injury. The court emphasised that if the exclusionary provision of section 32(5) was to be invoked, the party relying on it must identify the relevant management actions with a reasonable degree of particularity. The court held that the respondent had not sufficiently identified the management actions that could be considered reasonable and taken in a reasonable way, and thus the injury was not excluded under the Act. Consequently, the appeal was allowed, the previous decision was set aside, and Mr Haack's application for compensation was accepted. The respondent was ordered to pay Mr Haack's costs associated with the appeal.
Orders
Orders of the court
1. The appeal is allowed.
2. The decision of the respondent dated 14 June 2016 is set aside.
3. The application for compensation made by the appellant is one for acceptance.
4. The respondent is to pay the appellant's costs of and incidental to this appeal to be agreed or, failing agreement, to be the subject of a further application to the Commission.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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