Hodgins v Finding Yellow Ltd - [2024] NSWPIC 520

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Hodgins v Finding Yellow Ltd [2024] NSWPIC 520
APPLICANT:	Glenn Hodgins
RESPONDENT:	Finding Yellow Limited
MEMBER:	Cameron Burge
DATE OF DECISION:	18 September 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly compensation in respect of psychological injury; claim denied on basis respondent alleges its reasonable conduct with respect to performance appraisal and/or discipline was the whole or predominant cause of the applicant’s injury; statements sought to be relied on by the respondent were excluded from evidence as they were not signed or otherwise adopted by the witnesses; including the statement of the co-worker whose complaint formed the basis for the disciplinary action relied on by the respondent under section 11A; in the absence of the substantive evidence it is impossible to determine in the respondent’s favour that its actions dealing with that complaint were reasonable; the defence under section 11A is a two-limb test and both must be satisfied; Held – having found the respondent has not discharged the onus of demonstrating its actions were reasonable the defence must fail; the applicant has suffered and continues to suffer partial incapacity for employment as a result of his injury; the respondent will be ordered to pay weekly compensation in accordance with those findings.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant suffered a psychological injury in the course of his employment with the respondent, with a deemed date of injury of 10 July 2022. 2. The applicant’s injury was not caused by the reasonable conduct of the respondent with regards to discipline and/or performance appraisal. 3. At the date of injury, the applicant’s pre-injury average weekly earnings were $1,803.68 per week. 4. As a result of his injury, the applicant suffers partial incapacity for employment, with a residual capacity to work of 12 hours per week at an hourly rate of $60.12 per week. 5. The respondent is to pay the applicant weekly compensation pursuant to s 37 of the Workers’ Compensation Act 1987 as follows: (a) from 7 November 2023 to 31 March 2024 at the rate of $865.76 per week, and (b) from 1 April 2024 to date and continuing at the rate of $865.76 per week, such award to be adjusted for periodic indexation. 6. The respondent is to pay the applicant’s reasonably necessary medical and treatment expenses pursuant to s 60 of the Workers’ Compensation Act 1987 upon production of accounts, invoices and/or Medicare Australia Notice of Charge.

STATEMENT OF REASONS

BACKGROUND

There is no issue the applicant, Glenn Hodgins suffered a psychological injury in the course of his employment with the respondent, Finding Yellow Ltd with a deemed date of injury of 10 July 2022. He seeks payment of weekly compensation from 7 November 2023 to date and continuing, alleging he is totally incapacitated for employment. Additionally, the applicant claims a general order for payment of medical and treatment expenses pursuant to s 60 of the Workers’ Compensation Act 1987 (the 1987 Act).
The respondent…

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 Hodgins v Finding Yellow Ltd

Details

AGLC: Hodgins v Finding Yellow Ltd [2024] NSWPIC 520
Case: [2024] NSWPIC 520
Decision Date: 18 September 2024

CaseChat Overview and Summary

The case of Hodgins v Finding Yellow Ltd concerns a claim for weekly compensation relating to psychological injury sustained by the applicant, Hodgins, during his employment. The dispute was adjudicated in the Industrial Court of Queensland. Finding Yellow Ltd, the respondent, argued that their conduct in managing performance appraisal and disciplinary processes was the whole or predominant cause of Hodgins’ injury, thereby denying liability under the Workers Compensation Act 1987.

The court was tasked with determining whether the respondent's actions were reasonable and, if so, whether they constituted the predominant cause of the applicant's psychological injury. This involved examining the admissibility of statements intended to be used as evidence by the respondent. The court found that several key statements, including those from a co-worker whose complaint led to disciplinary action, were inadmissible as they were neither signed nor adopted by the witnesses. Without this critical evidence, the court concluded that it was impossible to determine that the respondent's actions were reasonable, thus failing the first limb of the section 11A test.

The court held that since the respondent had not demonstrated the reasonableness of its actions, the defence under section 11A failed. Hodgins was found to have suffered and continued to suffer partial incapacity for work due to his psychological injury. The court ordered Finding Yellow Ltd to pay weekly compensation in accordance with these findings.

Orders