McDonald v MW & JM Riddiford

McDonald, a worker, appealed against the decision of an Arbitrator who had rejected his claim for workers’ compensation in relation to a disease sustained during his employment. The dispute was heard in the Industrial Court of New South Wales. The central issue before the court was whether the Arbitrator had properly considered and determined all of the issues in dispute as required by relevant case law. Specifically, the court needed to decide if the Arbitrator had adequately addressed the disease provisions under sections 4(b)(i) and 4(b)(ii) of the Workers Compensation Act 1987.

The court examined the Arbitrator's decision to determine if he had followed the principles outlined in Crisp v Chapman and Grate Lace Pty Ltd t/as Grate Lace Bricklaying Co v Theiss Watkins White (Constructions) Pty Ltd. The Arbitrator had dismissed the worker's claim for disease under section 4(b)(i) but had accepted claims relating to hearing loss, umbilical hernia, and injury under section 4(b)(ii). The court found that the Arbitrator had failed to determine all issues in dispute as required by the cited authorities. Consequently, the Arbitrator's decision was revoked in part and the matter was remitted to a different Arbitrator for re-determination of the disease claim under section 4(b)(i).

The court ordered that the Arbitrator’s determinations regarding the hearing loss, umbilical hernia, and section 4(b)(ii) injury be confirmed. However, the claim for disease under section 4(b)(i) was to be re-determined by a different Arbitrator. The respondent employers were ordered to pay the worker's costs of the appeal, as agreed or assessed, while the costs of the arbitrations were to follow the outcome of the second arbitration.