INDUSTRIAL COURT OF QUEENSLAND
CITATION:
Habibi Arehjan v Workers’ Compensation Regulator [2025] ICQ 23
PARTIES:
NADIA HABIBI AREHJAN
(appellant)
v
WORKERS’ COMPENSATION REGULATOR(respondent)
FILE NO:
C/2023/33
PROCEEDING:
Appeal
DELIVERED ON:
28 October 2025
HEARING DATE:
30 April 2024
MEMBER:
Davis J, President
ORDER/S:
1. The appeal is dismissed.
2. The respondent file and serve any written submissions and affidavits in support on the question of costs by 4.00 pm on 11 November 2025.
3. The appellant file and serve submissions and any affidavits in support on the question of costs by 4.00 pm on 25 November 2025.
4. Either party may by 4.00 pm on 2 December 2025 give notice to the other and to the Registrar of an intention to make oral submissions on costs and the Registrar shall then allocate a date for hearing the submissions.
5. In the absence of notice being given pursuant to order 4, the question of costs will be determined on the basis of any written submissions received and without further oral submissions.
CATCHWORDS:
WORKERS’ COMPENSATION – ASSESSMENT AND AMOUNT OF COMPENSATION – DISCONTINUATION OF PAYMENTS – GENERALLY – where the appellant was injured in a motor vehicle accident – where the accident occurred in the course of the appellant’s employment – where the appellant claimed weekly payments of compensation – where the appellant claimed medical expenses – where the insurer allowed the claims – where weekly payments were made – where medical expenses were paid – where the insurer ceased the payments – where the appellant appealed to the respondent – where the respondent upheld the decision of the insurer – where the appellant appealed to the Queensland Industrial Relations Commission – where the Queensland Industrial Relations Commission dismissed the appeal – where the appellant appealed to the Industrial Court of Queensland – whether incapacity because of the work related injury stopped – whether medical treatment is no longer required for the management of the injury
Industrial Relation Act 2016 (Qld), s 557, s 565
Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 142, s 143, s 144, s 144A, s 144B, s 540
CASES:
Arnotts Snack Products Pty Ltd v Yacob (1985) 155 CLR 171; [1985] HCA 2, cited
Asioty v Canberra Abattoir Pty Ltd (1989) 167 CLR 533; [1989] HCA 40, citedAustralian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33, cited
Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430, cited
Drew v Makita (Australia) Pty Ltd [2009] 2 Qd R 219; [2009] QCA 66, followed
Flannery & Anor v Halifax Estate Agencies Ltd [2000] 1 WLR 377; [2000] 1 All ER 373, cited
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22, cited
Habibi Arehjan v Workers’ Compensation Regulator (No 2) [2023] QIRC 230, related
Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378, cited
Lee v Lee (2019)…
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- Case
- [2025] ICQ 23
- Decision Date
CaseChat Overview and Summary
The central issue before the court was whether Ms Habibi Arehjan's incapacity due to her work-related injuries had ceased, thereby justifying the termination of her weekly compensation payments. The court examined the evidence and submissions presented to determine if Ms Habibi Arehjan's incapacity had indeed stopped, and if medical treatment for her injuries was no longer required. The court also considered whether the Commission had properly applied the relevant legislative provisions in reaching its decisions.
The court found that while there were some errors in the Commission's reference to certain medical reports and its citation of a case based on a different legislative Act, these errors were not material to the outcome. The court concluded that the evidence supported the Commission's findings that Ms Habibi Arehjan's incapacity had ceased and that she no longer required treatment for her injuries, justifying the termination of her compensation payments. The court upheld the decisions of the Workers' Compensation Regulator.
The court's final orders were that the appeals be dismissed, and the decisions of the Workers' Compensation Regulator be affirmed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Ms Habibi Arehjan, in her written submissions, filed on the appeal to this Court, referred to her submissions filed in the Commission. Like Mr McMillan’s submissions before the Commission, I have had regard to them.ConsiderationGround 1 - The Commissioner erred by referring at paragraph [41] of the reasons to “an MRI performed in Tehran on 5 December 2018” This ground concerns the appeals to the Commission in file numbers WC/2019/157 and WC/2020/36. Paragraph 41 of the Commission’s judgment is as follows:“[41]An MRI performed in Tehran on 5 December 2018 reported fracture of the inferior segment of the sacrum with mild anterior displacement.” [11][11]Habibi Arehjan v Workers’ Compensation Regulator (No 2) [2023] QIRC 230. Of paragraph [41], Ms Habibi Arehjan submitted in her written submissions:“The commissioner in paragraph 41 stated that An MRI performed in Tehran on 5 December 2018, the appellant in her submission in paragraph 96, clearly stated that the MRI was taken by red radiology in Brisbane, Australia. The appellant submitted the evidence in hearing Exhibit #49. the commissioner, even didn’t read the exhibit and relied on the respondent submission, which was incorrect” Ms Habibi Arehjan is correct in her submissions that the Commission mistakenly stated that the scan was performed in Tehran on 5 December 2018 when it was not. This was conceded by Mr McMillan in his written submissions:“20)At paragraph [41] of the Commission’s reasons, in a section of the reasons headed “Background to Appeals” the Commissioner referred to “an MRI performed in Tehran on 5 December 2018”. No such document was tendered in evidence before the Commission, although it was referred to in the Regulator’s statement of facts and contentions filed before the hearing. The relevant document, Exhibit 49 before the Commission, was a report by Dr Amarasena, a radiologist, of a CT scan taken of Ms Habibi Arehjan’s coccyx on 5 December 2018 at RED Radiology. That report described the injury in identical terms to those used by the Commission at paragraph [41] of the reasons. Plainly, the Commission erred by referring to a document not in evidence. However, the substance of paragraph [41] was correct that medical imaging taken on 5 December 2018 “reported fracture of the inferior segment of the sacrum with mild anterior displacement”.21)In any event, paragraph [41] and the error therein was not material to the issues for determination by the Commission, namely:a)For WC/2020/36 – whether Ms Habibi Arehjan was entitled to weekly compensation for her coccyx injury from 13 June 2018 to 23 July 2018; andb)For WC/2020/37 – whether Ms Habibi Arehjan was incapacitated for work because of the coccyx injury or required further treatment for the coccyx injury from 16 August 2019.” Ms Habibi Arehjan replied to that submission in her second written submission filed on the appeal:“[9]In paragraph [20], the respondent admits that the erred happened, which shows the commissioner didn’t reviewed the evidence. No CT has been taken from Coccyx of appellant in Tehran, the referred CT is an MRI which was taken from lower lumbar of appellant, which was not accepted in hearing as an evidence.”