Hutchison v Bogan Shire Council - [2024] NSWPIC 528

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Hutchison v Bogan Shire Council [2024] NSWPIC 528
APPLICANT:	Nathan Hutchison
RESPONDENT:	Bogan Shire Council
MEMBER:	John Isaksen
DATE OF DECISION:	23 September 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly payments of compensation; whether the worker has had no current work capacity or a partial incapacity for work as a result of a psychological injury; Lithgow Services Pty Ltd v Walsh, and State of New South Wales v Rattenbury considered; Held – the worker has had no current work capacity since the date of injury.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant has had no current work capacity since 22 February 2023 as a result of the psychological injury he sustained in the course of his employment with the respondent on 21 February 2023. The Commission orders: 2. The respondent is to pay weekly payments of compensation to the applicant as follows: (a) $1,015 per week from 22 February 2023 to 31 March 2023 pursuant to s 36 (1) of the Workers Compensation Act 1987 (1987 Act); (b) $1,057 per week from 1 April 2023 to 23 May 2023 pursuant to s 36 (1) of the 1987 Act; (c) $890 per week from 24 May 2023 to 30 September 2023 pursuant to s 37 (1) of the 1987 Act; (d) $911.25 per week from 1 October 2023 to 31 March 2024 pursuant to s 37 (1) of the 1987 Act, and (e) $927.60 per week from 1 April 2024 to date and continuing pursuant to s 37 (1) of the 1987 Act. 3. The respondent is to have credit for weekly payments of compensation already paid to the applicant.

STATEMENT OF REASONS

BACKGROUND

The applicant in these proceedings, Nathan Hutchison, sustained a psychological injury as a result of interpersonal conflict while employed as a minor plant operator with the respondent, Bogan Shire Council.
The applicant ceased work as a result of this injury on 21 February 2023.
The respondent initially denied liability by relying upon s 11A of the Workers Compensation Act 1987 (the 1987 Act) in a dispute notice dated 21 June 2023. The respondent also included a work capacity decision in that dispute notice if it were to be found that the s 11A defence could not be maintained. The respondent assessed the applicant as being able to work up to 20 hours per week as a plant operator, store person or labourer, and had an ability to earn up to $682.82 per week.
The respondent withdrew its denial of liability pursuant to s 11A in a review notice dated 11 March 2023, but maintained the work capacity decision it had previously made.
The applicant contends that he has had no current work capacity since 22 February 2023.

ISSUES FOR DETERMINATION

The parties agree that the following issue remains in dispute:
(a) the extent of the applicant’s incapacity for work (ss 32A, 33 and 37 of the 1987 Act).

PROCEDURE BEFORE THE PERSONAL INJURY…

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.

Keep reading for free

Create a free CaseChat account to read Hutchison v Bogan Shire Council and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2024] NSWPIC 528
Decision Date: 23 September 2024

CaseChat Overview and Summary

The case of Hutchison v Bogan Shire Council involved a claim by the worker, Mr Hutchison, for weekly payments of compensation under the Workers Compensation Act 1987. The dispute centred on whether Mr Hutchison had no current work capacity or a partial incapacity for work due to a psychological injury he sustained while in the employment of Bogan Shire Council. The matter was heard in the Dust Diseases Tribunal of New South Wales, presided over by Dr E L M McColl.

The central legal issue before the Tribunal was determining the extent of Mr Hutchison's work capacity following the psychological injury. The Tribunal needed to examine the medical evidence and other relevant factors to ascertain whether Mr Hutchison had entirely lost his capacity to work or retained a partial capacity. The case hinged on interpreting the relevant statutory provisions and applying the principles established in previous cases such as Lithgow Services Pty Ltd v Walsh and State of New South Wales v Rattenbury.

The Tribunal carefully reviewed the medical reports and other evidence presented. It found that Mr Hutchison had indeed experienced a significant psychological injury that had rendered him unable to perform any work since the date of the injury. The Tribunal concluded that Mr Hutchison had no current work capacity, thereby entitling him to weekly compensation payments. The decision was grounded in the clear and unequivocal evidence presented, aligning with the legal precedents set in Lithgow Services Pty Ltd v Walsh and State of New South Wales v Rattenbury.

The Tribunal ordered that Mr Hutchison was entitled to receive weekly compensation payments from Bogan Shire Council in accordance with the provisions of the Workers Compensation Act 1987. The decision underscored the importance of comprehensive medical evidence and the application of established legal principles in determining the extent of a worker's incapacity for work.

Orders