Krleski v Simon Blackwood (Workers' Compensation Regulator)

INDUSTRIAL COURT OF QUEENSLAND

CITATION:

Krleski v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 006

PARTIES:

MARKO KRLESKI
(appellant)
v
SIMON BLACKWOOD (WORKERS’ COMPENSATION REGULATOR)
(respondent)

CASE NO/S:

C/2014/25

PROCEEDING:

Appeal

DELIVERED ON:

29 January 2015

HEARING DATE:

22 August 2014

MEMBER:

Martin J, President

ORDER/S:

Appeal dismissed.

CATCHWORDS:

WORKERS’ COMPENSATION – ENTITLEMENT TO COMPENSATION – EMPLOYMENT RELATED INJURY, DISABILITY OR DISEASE – EMPLOYMENT SUBSTANTIAL OR SIGNIFICANT CONTRIBUTING FACTOR – PRESENCE AT PLACE OF EMPLOYMENT OR WORKPLACE – where the appellant was employed at a mine site – where the appellant was employed on a ten day on, four day off cycle – where the appellant resided in accommodation paid for by his employer near the mine – where the appellant suffered serious brain injury and could not be roused from his accommodation to attend work – where there was no evidence connecting the appellant’s employment with the physical impairment – whether the Commission erred in determining that s 34(1)(c) of the Workers’ Compensation and Rehabilitation Act 2003 did not apply – whether the event happen on a “day” on which the worker had attended at the place of employment – whether, if it did happen on a “day”, it occurred while the worker was “temporarily absent from the place of employment during an ordinary recess”

Industrial Relations Act 1999, s 341(2)
Workers’ Compensation and Rehabilitation Act 2003, s 32, s 34

CASES:

Autumn Solar Installations Pty Ltd v Solar Magic Australia Pty Ltd [2010] NSWSC 463
Cornfoot v Royal Exchange Assurance Corporation [1904] 1 KB 40
Lester v Garland (1808) 15 Ves Jr 248
Prowse v McIntyre (1961) 111 CLR 264
Stock v W Angliss & Co (Aust) Pty Ltd [1964] VR 502

APPEARANCES:

D Kent QC instructed by Hall Payne Lawyers for the appellant
P O’Neill directly instructed by the Workers’ Compensation Regulator

1. On 13 March 2012 Mr Krleski commenced employment with G & S Engineering Services at the Daunia Mine near Moranbah. He was employed on a “work cycle” roster arrangement under which he would work 10 days in a row and then have four days leave. His ordinary hours of work were from 6.30am to 5pm. As Mr Krleski lived in Mackay he was recognised as a “non-local” under the G & S Engineering Services Daunia Project Union Greenfields Agreement and, so, was entitled to accommodation provided by the employer.

1. Mr Krleski was accommodated at the MAC Village at Coppabella. The Village was owned and operated by The MAC Services Group. That group was not connected with Mr Krleski’s employer.

1. On 12 April 2012, Mr Krleski undertook his usual work and returned to the Village from the worksite at about 5pm. He then had dinner and, with another employee, went to the gym in the Village. Mr Krleski was last seen on the evening of 12 April at about 9.15pm. He was not seen again until the evening of 13 April when he was found unconscious on his bed in his accommodation unit.

1. In Mr…