Lake Macquarie City Council v Vetter

The Court of Appeal of New South Wales heard an appeal concerning a claim for workers' compensation under the *Workers Compensation Act 1987*. The dispute involved Lake Macquarie City Council, the employer, and the respondent, a worker who had sustained an injury. The central issue revolved around whether the injury occurred during a journey for which compensation was payable under section 10 of the Act.

The primary legal questions before the court were whether the worker's travel constituted a single periodic journey or two separate journeys, and whether there had been a material increase in the risk of injury during that travel. The court also considered whether any error of law had been made in the determination of the claim.

The court reasoned that the worker's travel, which involved a deviation from a direct route to attend to personal matters before commencing work, did not constitute a single periodic journey as contemplated by section 10. It was determined that the deviation created a material increase in the risk of injury, thereby breaking the chain of causation required for compensation under that section. The court applied principles relating to the interpretation of "periodic journey" and the concept of "material increase in risk" in the context of workers' compensation legislation.

The appeal was allowed, and the costs were awarded to Lake Macquarie City Council.