Horne v Workers' Compensation Regulator - [2020] QIRC 135

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Horne v Workers' Compensation Regulator [2020] QIRC 135

PARTIES:

Horne, Amanda
(Appellant)

v

Workers' Compensation Regulator
(Respondent)

CASE NO:
WC/2018/210

PROCEEDING:

Appeal against decision of the Workers' Compensation Regulator

DELIVERED ON:
28 August 2020

HEARING DATES:

3 and 4 December 2019

DATES OF WRITTEN
SUBMISSIONS:

Appellant's written submissions: 24 January 2020

Respondent's written submissions: 10 February 2020

Appellant's written submissions in reply: 14 February 2020

MEMBER:
HEARD AT:

Merrell DP

Townsville

ORDERS:

1.   The review decision of the Respondent dated 31 October 2018 is confirmed.

2.   The Appellant pays the Respondent's costs of the appeal.

CATCHWORDS: WORKERS' COMPENSATION - APPEAL AGAINST DECISION OF WORKERS' COMPENSATION REGULATOR - worker employed as a custodial correctional officer - worker suffered injury to right foot and lower back - whether worker suffered a secondary injury to right knee caused by altered gait due to injury to right foot

LEGISLATION:
CASES:

Workers' Compensation and Rehabilitation Act 2003 (Qld), s 32

Avis v WorkCover Queensland [2000] QIC 67; (2000) 165 QGIG 788

Church v Workers' Compensation Regulator [2015] ICQ 031

Kavanagh v Commonwealth [1960] HCA 25; (1960) CLR 547

Newberry v Suncorp Metway Insurance Ltd [2006] QCA 48; (2006) 1 Qd.R 519

Rossmuller AND Q-COMP (C/2009/36)
Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262

APPEARANCES:
Mr A. Collins instructed by Mr J. Windridge of Rapid Legal Solutions for the Appellant.

Ms L. Willson, directly instructed by Ms K. Bednarek of the Respondent.

Reasons for Decision
Introduction

[1]Ms Amanda Lee Horne was employed by the State of Queensland through Queensland Corrective Services ('QCS') as a Custodial Correctional Officer ('CCO') at the Townsville Correctional Centre (the 'TCC').
[2]It is agreed between the parties, that on 26 April 2015, at about 8.45 pm, when working at the TCC, Ms Horne suffered a personal injury, which was accepted by WorkCover Queensland as an injury within the meaning of the Workers' Compensation and Rehabilitation Act 2003 ('the Act'), namely:

·a musculo-ligamentous injury to her right ankle with plantar fasciitis; and
·an aggravation of an age-related degeneration at L5/S1[1] (which Ms Horne, later in her submissions, refers to as the 'the second accepted injury').[2]
[1] Ms Horne's Statement of Facts and Contentions filed on 5 March 2019 ('Ms Horne's contentions'), Attachment 'A', para. 4 and the Regulator's Statement of Facts and Contentions filed on 15 April 2019 ('the Regulator's contentions'), para. 4. Ms Horne submitted that a complicating feature of the appeal '… is the fact that two injuries have been accepted by WorkCover, and that there is a concurrence of opinion that one of the accepted injuries i.e. plantar fasciitis may be a misdiagnosis.': Ms Horne's written submissions filed on 24 January 2020 ('Ms Horne's submissions'), para. 2.7.
[2] Ms Horne's contentions, para. 4 and the Regulator's contentions, para. 6.

[3]On 1 November 2017, Ms Horne filed a Notice of Claim for Damages which included an un-assessed right knee injury. By decision dated 25 June 2018, WorkCover Queensland rejected…

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 Horne v Workers' Compensation Regulator

Details

AGLC: Horne v Workers' Compensation Regulator [2020] QIRC 135
Case: [2020] QIRC 135
Decision Date: 28 August 2020

CaseChat Overview and Summary

The matter before the court was an appeal by Horne, a custodial correctional officer, against a decision by the Workers' Compensation Regulator. Horne had suffered injuries to his right foot and lower back while employed, and sought compensation for a secondary injury to his right knee, which he claimed was caused by an altered gait due to the initial injuries. The Regulator rejected Horne's claim for the secondary injury, leading to the appeal.

The central legal issue was whether Horne's injury to his right knee constituted a separate compensable injury that arose out of and in the course of his employment. The court was required to determine if there was a causal link between the initial injuries to the right foot and lower back and the subsequent injury to the right knee. Additionally, the court had to assess whether the altered gait was a direct consequence of the initial injuries and whether it constituted a compensable injury.

The court found that there was insufficient evidence to establish a causal link between the initial injuries and the secondary injury to the right knee. The evidence did not convincingly demonstrate that the altered gait caused by the initial injuries directly resulted in the knee injury. The court was not satisfied that the secondary injury was a direct consequence of the employment. Consequently, the decision of the Regulator was upheld, and the appeal was dismissed.

The orders of the court confirmed the review decision of the Regulator dated 31 October 2018 and required Horne to pay the Regulator's costs of the appeal.

Orders

Orders of the court

1. The review decision of the Respondent dated 31 October 2018 is confirmed.

2. The Appellant pays the Respondent's costs of the appeal.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Horne v Workers' Compensation Regulator [2020] QIRC 135
PARTIES:	Horne, Amanda (Appellant) v Workers' Compensation Regulator (Respondent)
CASE NO:	WC/2018/210
PROCEEDING:	Appeal against decision of the Workers' Compensation Regulator
DELIVERED ON:	28 August 2020
HEARING DATES:	3 and 4 December 2019
DATES OF WRITTEN SUBMISSIONS:	Appellant's written submissions: 24 January 2020 Respondent's written submissions: 10 February 2020 Appellant's written submissions in reply: 14 February 2020
MEMBER: HEARD AT:	Merrell DP Townsville
ORDERS:	1. The review decision of the Respondent dated 31 October 2018 is confirmed. 2. The Appellant pays the Respondent's costs of the appeal.
CATCHWORDS:	WORKERS' COMPENSATION - APPEAL AGAINST DECISION OF WORKERS' COMPENSATION REGULATOR - worker employed as a custodial correctional officer - worker suffered injury to right foot and lower back - whether worker suffered a secondary injury to right knee caused by altered gait due to injury to right foot
LEGISLATION: CASES:	Workers' Compensation and Rehabilitation Act 2003 (Qld), s 32 Avis v WorkCover Queensland [2000] QIC 67; (2000) 165 QGIG 788 Church v Workers' Compensation Regulator [2015] ICQ 031 Kavanagh v Commonwealth [1960] HCA 25; (1960) CLR 547 Newberry v Suncorp Metway Insurance Ltd [2006] QCA 48; (2006) 1 Qd.R 519 Rossmuller AND Q-COMP (C/2009/36) Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262
APPEARANCES:	Mr A. Collins instructed by Mr J. Windridge of Rapid Legal Solutions for the Appellant. Ms L. Willson, directly instructed by Ms K. Bednarek of the Respondent.