McCormick v Woolstar Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

McCormick v Woolstar Pty Ltd [2024] NSWPIC 116

APPLICANT:

Brian McCormick

RESPONDENT:

Woolstar Pty Ltd

MEMBER:

Jacqueline Snell

DATE OF DECISION:

11 March 2024

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; the applicant claims weekly benefits, medical and related treatment expenses and permanent impairment resulting from primary psychological injury sustained in the course of his employment with the respondent; the claim is declined with injury in issue and in the alternative, defence raised under section 11A(1) with respect to transfer and/or the provision of employment benefits to workers; Held – the applicant sustained primary psychological injury the course of his employment with the respondent, with his employment being the main contributing factor to injury; the applicant’s injury was not wholly or predominantly caused by reasonable action taken by the respondent with respect to transfer and/or discipline, the applicant has entitlement to weekly compensation payable under section 36 and 37 on the basis he has no current capacity for work; the applicant’s claim for permanent impairment compensation resulting from primary psychological injury with deemed date of 25 September 2019 is remitted to the President for referral to a Medical Assessor for assessment of whole person impairment resulting from the injury.

DETERMINATIONS MADE:

The Commission determines:

1.     The applicant sustained primary psychological injury arising out of or in the course of his employment with the respondent, with deemed date of injury of 25 September 2019. The applicant’s employment with the respondent was the main contributing factor to injury.

2.     The applicant’s injury was not wholly or predominantly caused by reasonable action taken or proposed to be taken by or on behalf of the respondent with respect to transfer and/or the provision of employment benefits to workers.

3.     The parties agree the applicant’s pre-injury average weekly earnings are $1,211. The respondent agrees the applicant has no current capacity for work. The applicant has entitlement to weekly compensation payable under s 36 and s 37 of the Workers Compensation Act 1987 from 8 January 2020 (indexed) ongoing in accordance with the Workers Compensation Act 1987.

4. I remit the applicant’s claim for permanent impairment compensation payable under s 66 of the Workers Compensation Act 1987 to the President for referral to a Medical Assessor for assessment as follows:

a.     Date of injury:  25 September 2019 (deemed);

b.     Body system/parts:        psychological/psychiatric disorder, and

c.     Method of assessment:     whole person impairment.

5.     The documents to be reviewed by the Medical Assessor are:

a.     Application to Resolve a Dispute and attached documents;

b.     Reply and attached documents;

c.     Application to Admit Late Documents dated 12 January 2024 and attached documents lodged on behalf of the applicant, and

d.     Application to Admit Late Documents dated 24 January 2024 and attached documents lodged on behalf of the respondent.

STATEMENT OF REASONS

BACKGROUND

1. Brian McCormick (Mr McCormick), the applicant, is currently 39 years of age.  Mr McCormick was previously employed by Woolstar Pty Ltd (Woolstar), the respondent, working as a product…