INDUSTRIAL COURT OF QUEENSLAND
| CITATION: | Harvey v Simon Blackwood (Workers’ Compensation Regulator) & Anor [2016] ICQ 014 |
| PARTIES: | COLIN CECIL HARVEY |
FILE NO/S: | C/2016/1 |
| PROCEEDING: | Appeal |
| DELIVEREDON: | 18 July 2016 |
| HEARINGDATE: | 7 June 2016 |
| MEMBER: | Martin J, President |
| ORDER/S: | 1. The decision of the Regulator of 17 April 2015 is revoked. 2. The appellant’s claim is one for acceptance. 3. I will hear the parties on costs. |
| CATCHWORDS: | WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – DETERMINATION OF CLAIMS – APPEALS, JUDICIAL REVIEW AND STATED CASES – GENERALLY – where the appellant was a flight attendant for Qantas staying in a Los Angeles hotel with other cabin crew – where allegations of sexual assault were made against him by another colleague leading to his arrest and incarceration – where the appellant was later released, no charges having been laid – where an internal Qantas investigation found the allegations were unsubstantiated – where the appellant was diagnosed with post-traumatic stress disorder and major depressive disorder as a result of his arrest, incarceration and the allegations of sexual assault – where the appellant appeals the decision of the Commission to dismiss his appeal of the Regulator’s decision to reject his claim for compensation – whether the Commission erred in the process of finding that the injury had not arisen out of or in the course of the appellant’s employment – whether the appellant’s injury was sustained by reference to the place at which the injury occurred for the purposes of the test in Comcare v PVYW (2013) 250 CLR 246 and associated cases |
– whether the appellant’s employment was a significant contributing factor to the injury
Workers’ Compensation and Rehabilitation Act 2003, s 11, s 32, s 33, s 34
CASES: Blackwood v Civeo [2016] ICQ 001, considered
Comcare v PVYW (2013) 250 CLR 246, applied
Danvers v Commissioner for Railways (NSW) (1969) 122 CLR 529, considered
Harvey v Simon Blackwood (Workers’ Compensation Regulator) [2015] QIRC 211
Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473, applied
McCurry v Lamb (1992) 8 NSWCCR 556; [1992] NSWCA
169, consideredNewberry v Suncorp Metway Insurance Ltd [2006] 1 Qd R 519, considered
Westrupp v BIS Industries Ltd [2015] FCAFC 173; (2015) 68
AAR 188, consideredAPPEARANCES: RD Green instructed by LHD Lawyers for the appellant SP Gray directly instructed by the first respondent
MT O’Sullivan instructed by HWL Ebsworth for the second respondent
[1] Colin Harvey was a long-haul flight attendant employed by Qantas Airways. Early in the morning of 23 May 2013 he was asleep in his room at a hotel in Orange County, California. He was woken by officers of the Los Angeles Police Department who arrested him, handcuffed him, and took him to a police station where DNA swabs were taken. Later that morning he was transferred to Orange County Jail where he was placed in a holding cell with 20…
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- Case
- [2016] ICQ 14
- Decision Date
CaseChat Overview and Summary
The court found that the Commission did not err in its assessment of the claim. It held that the injury did not arise out of or in the course of Mr Harvey's employment, as the critical factor was the place where the injury occurred. The court reasoned that the incident leading to Mr Harvey's injuries took place outside of his employment duties, and the events transpired during his personal time. Furthermore, the court determined that Mr Harvey's employment was not a significant contributing factor to the injury, as the events leading to the injuries were not work-related. Consequently, the appeal was dismissed, and the decision of the Regulator to reject Mr Harvey's claim for compensation was upheld.
In summary, the court held that the Commission did not err in dismissing Mr Harvey's appeal. The court found that the injury did not arise out of or in the course of Mr Harvey's employment, and his employment was not a significant contributing factor to the injury. As a result, the appeal was dismissed, and the decision of the Regulator to reject Mr Harvey's claim for compensation was upheld.
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