Mervin v Yancoal Australia Pty Ltd - [2024] NSWPIC 230

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Mervin v Yancoal Australia Pty Ltd [2024] NSWPIC 230
APPLICANT:	Sonya Mervin
RESPONDENT:	Yancoal Australia Pty Limited
MEMBER:	Sophie Jones
DATE OF DECISION:	3 May 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; whether the applicant sustained an injury arising out of or in the course of employment pursuant to section 4; whether the employment concerned was a substantial contributing factor; claim for weekly compensation pursuant to sections 33 and 36; claim for medical or related treatment expenses pursuant to section 60; Held – on 22 August 2023, the applicant sustained an injury arising out of or in the course of employment and the applicant’s employment was a substantial contributing factor to the injury; the applicant is entitled to weekly payments of compensation for the period claimed; the applicant is entitled to compensation for medical or related treatment expenses.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained an injury arising out of or in the course of employment, pursuant to s 4 of the Workers Compensation Act 1987 (the 1987 Act) on 22 August 2023. 2. The applicant’s employment was a substantial contributing factor to the injury, pursuant to s 9A of the 1987 Act. 3. The respondent is to pay the applicant weekly compensation in the amount of $4,013.51 (in total) for the period from 22 August 2023 to 3 September 2023. 4. The respondent is to pay the applicant’s reasonably necessary medical treatment expenses in relation to the injury to her left index finger on production of accounts, receipts and Medicare Notice of Charge.

STATEMENT OF REASONS

BACKGROUND

On 22 August 2023, Ms Sonya Mervin (the applicant) sustained an injury when she was retrieving her work laptop computer from her car. The applicant caught her left index finger in the car door, causing the amputation of the tip of her left index finger.
The applicant required surgery to her hand and physiotherapy and was unable to work for a short period of time.
The applicant made a claim on the insurer for weekly compensation, for the period during which she was unable to work, and for medical treatment expenses.
The insurer issued notices pursuant to s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) on 25 August 2023 and 7 September 2023, and review notices dated 21 September 2023 and 31 October 2023, stating that the insurer disputed liability for the injury to the applicant’s finger and therefore her claim for compensation.
The present proceedings were commenced by lodgement of an Application to Resolve a Dispute (Application) in the Personal Injury Commission (Commission) on 4 March 2024.
The applicant seeks compensation pursuant to s 36 of the Workers Compensation Act 1987 (the 1987 Act) for weekly payments of compensation for the period 22 August 2023 to
3 September 2023 and a general order for reasonably necessary medical or related treatment expenses pursuant to s 60 of the 1987 Act.

ISSUES FOR DETERMINATION

The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] NSWPIC 230
Decision Date: 3 May 2024

CaseChat Overview and Summary

The applicant, Mervin, brought proceedings against Yancoal Australia Pty Ltd, contesting whether he was entitled to workers compensation under the Workers Compensation Act 1987. Mervin claimed that on 22 August 2023, he sustained an injury arising out of and in the course of his employment, and that his employment was a substantial contributing factor to the injury. The applicant further sought weekly compensation payments and reimbursement for medical or related treatment expenses.

The central legal issues in this matter were whether Mervin’s injury occurred in the course of his employment and whether his employment was a substantial contributing factor to the injury. Additionally, the court needed to determine if Mervin was entitled to weekly compensation payments and reimbursement for medical or related treatment expenses under the relevant sections of the Workers Compensation Act.

In delivering the decision, the court found that Mervin did indeed sustain an injury on 22 August 2023, which arose out of and in the course of his employment. The court determined that Mervin’s employment was a substantial contributing factor to the injury he sustained. Consequently, the court held that Mervin was entitled to weekly payments of compensation for the period claimed, as well as compensation for medical or related treatment expenses.

The court issued orders that Mervin is entitled to weekly payments of compensation and reimbursement for medical or related treatment expenses in accordance with the provisions of the Workers Compensation Act 1987.

Orders