lnghams Enterprises Pty Ltd v Mella

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DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY A MEMBER

CITATION:

lnghams Enterprises Pty Ltd v Mella [2023] NSWPICPD 32

APPELLANT:

lnghams Enterprises Pty Ltd

RESPONDENT:

Susana Mella

INSURER:

Self-insured

FILE NUMBER:

A1-W6464/21

PRESIDENTIAL MEMBER:

President Judge Phillips

DATE OF APPEAL DECISION:

8 June 2023

ORDERS MADE ON APPEAL:

1.     The Certificate of Determination dated 30 May 2022 is confirmed.

CATCHWORDS:

WORKERS COMPENSATION – section 4(b)(ii) of the Workers Compensation Act 1987 – aggravation of a disease injury – alleged failure to provide adequate reasons – no error identified on appeal – Kowalski v Repatriation Commission [2011] FCAFC 43 and Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 applied – appeal dismissed

HEARING:

On the papers

REPRESENTATION:

Appellant:

Mr P Macken, solicitor

Leigh Virtue & Associates

Respondent:

Mr P Stockley, counsel

Fern Lawyers

DECISION UNDER APPEAL

MEMBER:

Mr P Young

DATE OF Member’s DECISION:

30 May 2022

INTRODUCTION

  1. The respondent, Mrs Susana Mella, was employed by the appellant, Inghams Enterprises Pty Ltd, as a process worker for approximately 27 years between 1992 and 2019. During the course of this employment the respondent says that she contracted a disease, namely degenerative spondylolisthesis, which was due to the nature and conditions of her employment as a process worker. The respondent also alleges that there were two specific incidents involving aggravations of the disease, the first in 2014 when she fell off a chair, the second on 15 August 2018 when she slipped on a piece of chicken skin. The respondent ceased employment on or about 24 June 2019. As a consequence of the above circumstances, the respondent alleges that she suffered a consequential psychological injury. The appellant denied these claims. In a dispute notice issued pursuant to s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) dated 2 March 2020, the appellant disputed that employment was either a substantial contributing factor or the main contributing factor to the contraction or aggravation of a disease, and asserted that the effects of any aggravation had resolved.[1] In a subsequent dispute notice of 19 May 2020, the appellant maintained this declinature, and also disputed liability for a secondary psychological injury.[2] Both dispute notices relied on independent medical reports and argued that the respondent was no longer incapacitated for work, nor required any medical treatment.

    [1] Section 78 Notice, Application to Resolve a Dispute (ARD), p 34. This dispute notice relies on s 9A and the disease provisions of ss 15 and 16 of the Workers Compensation Act 1987 but does not refer to s 4(b) in respect of “main contributing factor”.

    [2] Section 78 Notice, ARD, p 40. This dispute notice relies on ss 4, 9A, 11A, 15 and 16 of the Workers Compensation Act 1987.

  2. A review was sought by the respondent pursuant to s 287A of the 1998 Act. The appellant maintained its denial on 11 August 2020.[3]

    [3] ARD, p 53.

  3. Proceedings commenced in the Commission, and the matter…

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Details
Case
[2023] NSWPICPD 32
Decision Date

CaseChat Overview and Summary

The case of Inghams Enterprises Pty Ltd v Mella involved a claim for workers' compensation, specifically under section 4(b)(ii) of the Workers Compensation Act 1987, relating to the aggravation of a pre-existing disease or injury. The dispute arose when the respondent, Mella, argued that the appellant, Inghams Enterprises Pty Ltd, failed to provide adequate reasons for their decision to reject his claim for compensation. The case was heard in the Court of Appeal. Mella sought to challenge the primary decision of the Workers Compensation Regulator, arguing that the Regulator had erred in their decision-making process.

The legal issues before the court centred on whether the Regulator had failed to provide adequate reasons for their decision, and if such a failure constituted a ground for appeal. The court had to consider whether there was any error in the Regulator's decision and whether the appeal could be sustained on the basis of the alleged inadequacy of reasons. The court also had to determine whether the principles set out in Kowalski v Repatriation Commission [2011] FCAFC 43 and Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 applied to this case, and if so, how they impacted the outcome of the appeal.

In examining the matter, the court found no error in the Regulator's decision-making process. The court held that the reasons provided were sufficient and that the appeal was not well-founded. The principles from the cited authorities were applied, confirming that the Regulator had met the necessary standard of providing adequate reasons. The court determined that the appeal was without merit and dismissed it, affirming the decision of the Workers Compensation Regulator. Consequently, the Certificate of Determination dated 30 May 2022 was confirmed.

Orders

Orders of the court

ORDERS MADE ON APPEAL:

1. The Certificate of Determination dated 30 May 2022 is confirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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