Hayes v CSR Ltd - [2024] NSWPIC 507

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Hayes v CSR Ltd [2024] NSWPIC 507
APPLICANT:	Jeffrey Hayes
RESPONDENT:	CSR Limited
MEMBER:	Jacqueline Snell
DATE OF DECISION:	12 September 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; applicant claims weekly compensation payable under sections 36 and 37 resulting from an alleged injury sustained to the right shoulder; the respondent disputes the applicant’s claim; Held – applicant sustained injury to the right shoulder in the course of employment; employment being the main contributing factor to the injury; section 261(1) of the Workplace Injury Management and Workers Compensation Act 1998 is not a bar to the recovery of compensation payable to the applicant resulting from the injury; applicant has had a total incapacity for work resulting from the injury; applicant has entitlement to weekly compensation payable under sections 36 and 37.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained injury to his right shoulder on 8 May 2021 in the course of his employment with the respondent with his employment being the main contributing factor to injury. 2. Section 261(1) of the Workplace Injury Management and Workers Compensation Act 1998 is not a bar to the recovery of compensation payable to the applicant under the Workers Compensation Act 1987 resulting from the injury. 3. The applicant has had no current work capacity from 18 May 2022 resulting from the injury. The parties agree the applicant’s pre-injury average weekly earnings are $2,211.64. The applicant has an entitlement to weekly compensation from 18 May 2022 as follows: (a) payable under s 36 of the Workers Compensation Act 1987 at the rate of $2,101.06, and (b) payable under s 37 of the Workers Compensation Act 1987 at the rate of $1,769.31 (subject to indexation). A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

Jeffrey Hayes (Mr Hayes), the applicant alleges he sustained injury on 8 May 2021 in the course of his employment with CSR Limited (CSR). Mr Hayes is currently 60 years of age.
The circumstances of alleged injury are described in the Application to Resolve a Dispute:
“The applicant was on the third rung of a step ladder when his foot slipped, and he fell. As he fell, the applicant reached for an airline with his right hand and sustained significant injury to his right shoulder region. A right knee injury was also sustained when the applicant impacted the ground.”
Mr Hayes claims weekly compensation payable under ss 36 and 37 of the Workers Compensation Act 1987 (1987 Act) from 18 May 2022 on the basis of a total incapacity for work resulting from the alleged injury. Mr Hayes’ claim for compensation has been declined and he has been issued with notices dated 27 June 2022, 29 August 2022 and
23 November 2022 in accordance with s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (1998 Act).

ISSUES FOR DETERMINATION

When these proceedings came before the Personal Injury Commission (Commission) for…

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.

Continue reading Hayes v CSR Ltd

Details

AGLC: Hayes v CSR Ltd [2024] NSWPIC 507
Case: [2024] NSWPIC 507
Decision Date: 12 September 2024

CaseChat Overview and Summary

The applicant, Hayes, sought weekly compensation for an injury sustained to his right shoulder, which he alleged occurred during the course of his employment with CSR Ltd. CSR Ltd contested the claim. The case was heard in a relevant tribunal under the Workers Compensation Act 1987. Hayes argued that the injury to his right shoulder was work-related and that he had become totally incapacitated as a result, thereby qualifying for weekly compensation under sections 36 and 37 of the Act. CSR Ltd disputed the claim, asserting that the injury was not work-related or that other factors contributed significantly to the injury.

The legal issues before the court were whether Hayes had indeed sustained an injury to his right shoulder in the course of his employment and, if so, whether this injury was the primary cause of his incapacity for work. Additionally, the court needed to determine if section 261(1) of the Workplace Injury Management and Workers Compensation Act 1998 precluded Hayes from receiving compensation. This section generally pertains to the circumstances under which compensation might not be awarded if other factors contributed to the injury.

The court found that Hayes had indeed suffered an injury to his right shoulder during the course of his employment, with employment being the predominant contributing factor. The court dismissed CSR Ltd’s argument that section 261(1) of the 1998 Act barred Hayes from receiving compensation. Given that Hayes had total incapacity for work due to the injury, the court ruled that he was entitled to weekly compensation under sections 36 and 37 of the Workers Compensation Act 1987. The decision was in favour of Hayes, affirming his entitlement to the claimed compensation.

Orders