| WORKERS COMPENSATION COMMISSION | ||||||
| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR | ||||||
| CITATION: | Moore v Greater Taree City Council [2009] NSWWCCPD 17 | |||||
| APPELLANT: | Kay Moore | |||||
| RESPONDENT: | Greater Taree City Council | |||||
| INSURER: | Statecover Mutual Limited | |||||
| FILE NUMBER: | A1-4142/08 | |||||
| DATE OF ARBITRATOR’S DECISION: | 7 October 2008 | |||||
| DATE OF APPEAL DECISION: | 20 February 2009 | |||||
| SUBJECT MATTER OF DECISION: | Section 352(8) of the Workplace Injury Management & Workers Compensation Act 1998 and Clause 200B of the Workers Compensation Regulation 2003 – preliminary or interim orders of an interlocutory nature. | |||||
| PRESIDENTIAL MEMBER: | Acting Deputy President Snell | |||||
| HEARING: | On the papers | |||||
| REPRESENTATION: | Appellant: | Maurice Blackburn Lawyers | ||||
| Respondent: | Bartier Perry | |||||
| ORDERS MADE ON APPEAL: | Leave to appeal is refused. | |||||
| No order as to costs of the appeal. | ||||||
BACKGROUND TO THE APPEAL
On 4 November 2008 Kay Moore (‘the Appellant Worker’) sought leave to bring an ‘Appeal Against Decision of Arbitrator’ in the Workers Compensation Commission (‘the Commission’) against a decision, dated 7 October 2008.
The Respondent to the Appeal is Greater Taree Shire Council (‘the Respondent Employer’).
The Appellant Worker, who is now fifty-five years of age, was employed by the Respondent Employer in a clerical capacity, as an executive assistant, from 1 May 1989. Her duties included periodically organising and setting up for functions held at the Council Chambers. The Appellant Worker was moving what she described as a “very heavy palm pot plant”, in the course of such a set up on 16 September 2004, when she injured her back. The Appellant Worker may have had a short period off work, this was the subject of some dispute. She continued working with the Respondent Employer. The clinical records of her general practitioner, Dr Arnold, indicate the Appellant Worker consulted him about the back problem on 12 November 2004.
Dr Arnold referred the Appellant Worker to Professor Ghabriel, who she first consulted on 15 April 2005. On 28 June 2005 Professor Ghabriel carried out L5/S1 laminectomy on the Appellant Worker. She resumed duties with the Respondent Employer in October 2005, initially part-time. Her statement says leg pain resumed and worsened, and back pain worsened, during 2006. On 15 May 2007 Professor Ghabriel performed left L5/S1 decompression of the nerve roots, and L4/5 posterolateral fusion (according to Professor Ghabriel, some other evidence suggests the fusion involved L4/5 and L5/S1). It appears she subsequently resumed carrying out some duties for the Respondent Employer from home, on a computer.
On 6 September 2007 the Appellant Worker made a claim on the Respondent Employer for work injury damages. Statecover Mutual Limited, the insurer of the Respondent Employer (‘the insurer’) in a section 74 Notice dated 7 December 2007, denied liability for this damages claim. This denial was in part on the basis it was not conceded the Appellant Worker suffered from at least 15% whole person impairment (section 151H of the Workers Compensation Act 1987 (‘the 1987 Act’)).
On a later date, not readily apparent from the material, the Appellant Worker made a claim for lump…
Keep reading for free
Create a free CaseChat account to read Moore v Greater Taree City Council and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2009] NSWWCCPD 17
- Decision Date
CaseChat Overview and Summary
The legal issues that the court was required to decide included whether the Commission had the authority to make preliminary or interim orders under Section 352(8) and Clause 200B, and if so, whether the Commission's decision was lawful and just. The court also needed to consider the standard of review applicable to such decisions and whether the council had demonstrated sufficient grounds for an interlocutory appeal.
The court examined the relevant statutory provisions and found that the Commission did indeed have the authority to make preliminary or interim orders of an interlocutory nature. The court held that the Commission's exercise of discretion was within the scope of its statutory powers and that the decision was not manifestly unlawful. Furthermore, the court found that the council had not demonstrated sufficient grounds for an interlocutory appeal, leading to the refusal of leave to appeal. The court concluded that the Commission's decision was lawful and just, and no grounds for an interlocutory appeal existed.
Orders
Orders of the court
Leave to appeal is refused.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.