Harrison v Bunnings Warehouse

[2025] NSWPIC 152

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Harrison v Bunnings Warehouse [2025] NSWPIC 152

APPLICANT:

Kayley Jane Harrison

RESPONDENT:

Bunnings Warehouse

MEMBER:

Karen Garner

DATE OF DECISION:

15 April 2025

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); claim for permanent impairment lump sum compensation pursuant to section 66 of the 1987 Act; accepted elbow injury and accepted secondary psychological injury; whether applicant sustained a primary psychological injury in the nature of a disease pursuant to section 4(b)(i) and/or section 4(b)(ii) of the 1987 Act; what is the date of injury; whether the applicant’s claim is precluded by operation of section 254(1) and/or section 261(1) of the 1998 Act; Held – applicant sustained a primary psychological injury in the course of her employment with the respondent pursuant to section 4(b)(i) of the 1987 Act; the date of the applicant’s primary psychological injury is 15 October 2023; applicant’s claim is not precluded by operation of section 254(1) of the 1998 Act; applicant is not precluded from recovery of compensation by the operation of sections 261(1) of the 1998 Act; matter is remitted to the President for referral to a Medical Assessor for assessment of whole person impairment.

DETERMINATIONS MADE:

The Commission determines:

1. The applicant sustained a primary psychological injury in the course of her employment with the respondent, in the nature of a disease, to which her employment was the main contributing factor, pursuant to s 4(b)(i) of the Workers Compensation Act 1987 (the 1987 Act).

2. The applicant did not sustain a primary psychological injury in the course of her employment with the respondent, in the nature of the aggravation, acceleration, exacerbation or deterioration of any disease, to which her employment was the main contributing factor, pursuant to s 4(b)(ii) of the 1987 Act.

3. For the purpose of assessment and quantification of the applicant’s entitlement to payment of permanent impairment compensation pursuant to s 66 of the 1987 Act, the date of the applicant’s primary psychological injury is 15 October 2023.

4. The applicant’s claim is not precluded by operation of s 254(1) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act).

5. The applicant is not precluded from recovery of compensation by the operation of s 261(1) of the 1998 Act.

The Commission orders:

6.     The matter is remitted to the President for referral to a Medical Assessor for assessment as follows:

Date of injury: 15 October 2023 (deemed).

Body parts: psychological. 

Method: whole person impairment.

7.     The materials to be referred to the Medical Assessor are to include:

(a)    Application to Resolve a Dispute and attached documents;

(b)    Reply and attached documents;

(c)    applicant’s Application to Lodge Additional Documents (ALAD) and attached documents dated 14 February 2025, and

(d)    respondent’s ALAD and attached documents dated 5 March 2025.

A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

1. Kayley Jane Harrison (the applicant)…