| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY A MEMBER | |
CITATION: | ISS Property Services Pty Limited v Laundess [2024] NSWPICPD 24 |
APPELLANT: | ISS Property Services Pty Limited |
RESPONDENT: | Kelly Laundess |
INSURER: | Self-insured |
FILE NUMBER: | A1-W802/23 |
PRESIDENTIAL MEMBER: | President Judge Phillips |
DATE OF APPEAL DECISION: | 23 April 2024 |
ORDERS MADE ON APPEAL: | 1. The Certificate of Determination dated 13 June 2023 is confirmed. 2. I decline to grant the respondent leave to pursue its cross-appeal. |
CATCHWORDS: | WORKERS COMPENSATION – injury sustained during an authorised absence from work – section 11 of the Workers Compensation Act 1987 |
HEARING: | On the papers |
REPRESENTATION: | Appellant: |
| Mr T Murray, solicitor | |
| lntegroe Partners | |
| Respondent: | |
| Mr R Stanton, counsel | |
| Law Partners Personal Injury Lawyers | |
DECISION UNDER APPEAL: | |
MEMBER: | Mr J Wynyard |
DATE OF MEMBER’S DECISION: | 13 June 2023 |
INTRODUCTION
The circumstances of the occurrence of injury in this matter are both short and uncontroversial. The respondent, Kelly Laundess, was employed by the appellant, ISS Property Services, as a cleaner at the Heckenberg Public School. The respondent had worked at this school for the five years prior to her accident on 5 September 2022, working a 40-hour week performing a wide range of duties.[1] The respondent commenced work at approximately 5 am on 5 September 2022. The respondent unlocked the school front gates and then performed a number of other tasks.[2] The respondent walked out of the main school gates and onto the public footpath in order to walk around to open another set of school gates. While so doing, the respondent noticed that the interior light in her motor vehicle had been left on. The motor vehicle had been parked immediately outside the school in the street. The respondent decided to turn the light off so she walked across the nature strip to the motor vehicle. In so doing, the respondent tripped on the nature strip, falling forward into the gutter, suffering injury. The respondent opened the other set of gates and then called her supervisor, Ms Danielle Watts, and reported the injury’s occurrence. The respondent stopped work and left to attend upon her local medical centre. Later that day the respondent presented to the Emergency Department at the Liverpool Hospital, being admitted and kept overnight for soft tissue injuries to her left shoulder, hip, and lower back.[3] The respondent was certified unfit for work by the hospital in a certificate of capacity the next day.[4]
[1] Respondent’s statement 7 December 2022, Application to Resolve a Dispute (ARD), p 2, [12].
[2] See ARD, p 2, [14].
[3] ARD, p 31.
[4] ARD, p 43.
The respondent has not worked since 5 September 2022, with subsequent certificates of capacity issued by various treating doctors with varying diagnoses related to her injury, one of which being a “cervical spine strain/whiplash, contusion of left wrist and knee”.
A claim for compensation was made on her employer, the appellant, which was denied[5] pursuant to ss 4…
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- Case
- [2024] NSWPICPD 24
- Decision Date
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