King v Workers' Compensation Regulator

Case [2020] QIRC 180


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

King v Workers' Compensation Regulator [2020] QIRC 180

PARTIES:       

Deanne Maree King
(Appellant)

v

Workers' Compensation Regulator
(Respondent)

CASE NO:

WC/2018/221

PROCEEDING:

Appeal

DELIVERED ON:

21 October 2020

HEARING DATE: 

24, 25, 26, 27 February 2020

MEMBER:

HEARD AT:

Power IC

Brisbane

ORDER:

1.   The appeal is allowed.

2.   The decision of the Regulator dated 26 November 2018 is set aside.

3.   The respondent is to pay the appellant's costs of and incidental to this appeal to be agreed or failing agreement to be the subject of an application to the Commission.

CATCHWORDS:

WORKERS' COMPENSATION – APPEAL – Psychiatric or psychological injury – whether injury excluded under s 32(5) of the Workers’ Compensation and Rehabilitation Act 2003

LEGISLATION:

CASES:

Workers' Compensation and Rehabilitation Act 2003 s 32

Allen v Workers' Compensation Regulator [2018] QIRC 41

Allwood v Workers' Compensation Regulator [2017] QIRC 88

Blackwood v Mahaffey [ 2016] ICQ 10

Byrnes v Workers' Compensation Regulator [2018] ICQ 004

Deanne Maree King v Workers’ Compensation Regulator [2019] QIRC 134

Dickinson v Workers’ Compensation Regulator [2019] QIRC 68

Keunster v Workers' Compensation Regulator [2016[ QIRC 83

Mahaffey v Simon Blackwood (Workers' Compensation Regulator [2015] QIRC 166

Newberry v Suncorp Metway Insurance Ltd [2006] QCA 48

Qantas Airways Limited v Q-Comp (2006) 181 QGIG 301

Read v Workers' Compensation Regulator [2017] QIRC 72

Robinson v Workers’ Compensation Regulator [2016] ICQ 16

State of Queensland v Coyne [2003] QIC 118

Whipps v Workers’ Compensation Regulator [2017] QIRC 29

WorkCover Corp (SA) v Summers (1995) 65 SASR 243

WorkCover Queensland v Kehl (2002) 70 QGIG 93

Workers' Compensation Regulator v Langerak [2020] ICQ 002

Yousif v Workers' Compensation Regulator [2017] ICQ 004

APPEARANCES:

Mr M Horvath of Counsel instructed by Compensation Partners Lawyers for the appellant.

Ms  H  Blattman of Counsel, instructed directly by the respondent

Reasons for Decision

  1. Ms Deanne Maree King ('the Appellant') appeals a decision of the Workers' Compensation Regulator dated 26 November 2018, confirming the rejection of her application for compensation in accordance with section 32 of the Workers' Compensation and Rehabilitation Act 2003 ('the Act'). The appellant claims that she has suffered a psychiatric or psychological injury whilst employed by Coles Group.

  1. The appellant claims that she was bullied by her supervisor Ms Sarah Hawker in a series of incidents between 8 December 2017 and March 2018. Four specific stressors alleged in the appellant’s amended statement of facts and contentions are described as follows:

Number Date Title Description
4 About 20 November 2017 Hospital Incident Appellant taken to hospital with symptoms of concussion after bumping her head at work and SH demeaner, and comments to the appellant about missing dinner with her partner.
1 20/11/17 –
10/4/18
Bullying and Harassment by Ms Sarah Hawker (SH) After the hospital incident, SH conduct towards the appellant including but not limited to excluding the appellant from work discussions, avoiding contact, ignoring the appellant in circumstances where the appellant queried work tasks, says 'good morning', not…

Continue reading King v Workers' Compensation Regulator

Sign in free to access the full text

Details
AGLC
King v Workers' Compensation Regulator [2020] QIRC 180
Case
[2020] QIRC 180
Decision Date

CaseChat Overview and Summary

In the case of King v Workers' Compensation Regulator, the appellant, King, sought compensation for psychiatric injury sustained during his employment. The Workers' Compensation Regulator had previously rejected King's claim under section 32(5) of the Workers' Compensation and Rehabilitation Act 2003, which excludes claims for psychiatric injury if it is caused by a gradual process or by a single event that is not work-related. The matter was appealed to the relevant court by King, challenging the Regulator's decision.

The court was required to determine whether the exclusion under section 32(5) of the Act applied to King's claim. Specifically, the court needed to ascertain whether King's psychiatric injury was caused by a gradual process or a single event that was not work-related, thereby excluding it from compensation under the Act. The court also considered whether there was sufficient evidence to support the Regulator's decision.

The court found that the exclusion under section 32(5) did not apply to King's case. It determined that King's psychiatric injury arose from a series of events that were work-related and not a gradual process or a single event outside the scope of employment. The court emphasised that the injury resulted from the cumulative effect of work-related stressors and incidents, which were directly linked to King's employment. The evidence presented did not support the Regulator's conclusion that the injury was excluded under the Act. Consequently, the appeal was allowed, the Regulator's decision was set aside, and the respondent was ordered to pay the appellant's costs of and incidental to this appeal.

Orders

Orders of the court

1. The appeal is allowed.

2. The decision of the Regulator dated 26 November 2018 is set aside.

3. The respondent is to pay the appellant's costs of and incidental to this appeal to be agreed or failing agreement to be the subject of an application to the Commission.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.