Mechanical Advantage Group Pty Ltd v George

The Workers Compensation Court of New South Wales heard an appeal concerning a claim for workers compensation by Mechanical Advantage Group Pty Ltd (the appellant) against George (the respondent). The dispute centred on whether an injury sustained by the respondent during a return journey from New South Wales to his place of abode in Queensland was compensable under the *Workers Compensation Act 1987* (NSW), specifically concerning the journey provisions.

The primary legal issues before the Court were whether the respondent's journey involved a "detour" or "deviation" that materially increased the risk of injury, and the allocation of the onus of proof in establishing such an increase. The Court also considered the scope of "expert knowledge" within the Workers Compensation Court and the applicable rules of evidence in such proceedings.

The Court reasoned that the onus of proving a material increase in the risk of injury due to a detour or deviation rests initially on the worker. However, if the worker establishes a prima facie case that no such material increase occurred, the onus then shifts to the employer to demonstrate that there was, in fact, a material increase in risk. Applying these principles, the Court found that the respondent's actions did not constitute a detour or deviation that materially increased the risk of injury, and therefore the injury was compensable. The appeal was dismissed with costs.