Moore v Workforce International Group - [2021] NSWPIC 320

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Moore v Workforce International Group [2021] NSWPIC 320
APPLICANT:	Robyn Joanne Moore
RESPONDENT:	Workforce International Group
MEMBER:	Rachel Homan
DATE OF DECISION:	1 September 2021
CATCHWORDS:	WORKERS COMPENSATION - Claim for ongoing weekly benefits and lump sum compensation for primary psychological injury; worker on a journey home from work when she witnessed and was a first responder to a motor vehicle accident in which a co-worker was seriously injured; post-traumatic stress disorder; whether injury sustained on a journey to which section 10 of the 1987 Act applies; whether real and substantial connection between employment and the incident out of which injury arose; Held - worker sustained a personal injury on a journey to which section 10 applies; award for weekly compensation; matter remitted to President for referral to a Medical Assessor.
DETERMINATIONS MADE:	1. The applicant received a personal injury on a journey to which s 10 of the Workers Compensation Act 1987 applies on 5 May 2020.
1. Award for the applicant for weekly compensation as follows: (a) from 5 May 2020 to 10 August 2020 pursuant to s 36(1) of the Workers Compensation Act 1987 at the rate of $1500.98 per week; (b) from 11 August 2020 to 31 March 2021 pursuant to s 37(1) of the Workers Compensation Act 1987 at the rate of $1263.98 per week; (c) from 1 April 2021 to 4 May 2021 pursuant to s 37(1) of the Workers Compensation Act 1987 at the rate of $1,300.39 per week; (d) from 5 May 2021 to 18 May 2021 pursuant to s 37(2) of the Workers Compensation Act 1987 at the rate of $1,292.07 per week; (e) from 19 May 2021 to date pursuant to s 37(1) of the Workers Compensation Act 1987 at the rate of $1,300.39 per week, and (f) continuing in accordance with the Workers Compensation Act 1987. 2. The parties have liberty to apply within seven days with respect to the above calculations. 3. The matter is remitted to the President for referral to a Medical Assessor for assessment as follows: Date of injury: 5 May 2020 Body part: Primary psychological injury Method: Whole Person Impairment 4. The materials to be referred to the Medical Assessor are to include the Application to Resolve a Dispute and all attachments, the Reply and all attachments and the documents attached to the Application to Admit Late Documents lodged by the respondent on 3 August 2021.

STATEMENT OF REASONS

BACKGROUND

Ms Robyn Joanne Moore (the applicant) was employed by Workforce International Group (the respondent) to provide traffic control support at the Bolivia Hill Bypass Upgrade site. On 5 May 2020, the applicant was travelling home to Glen Innes along the New England Highway after a night shift when she witnessed and was one of the first responders to a motor vehicle accident in which a co-worker was seriously injured.
The applicant claims that she received a primary psychological injury pursuant to s 10 of the Workers Compensation…

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: [2021] NSWPIC 320
Decision Date: 1 September 2021

CaseChat Overview and Summary

In the case of Moore v Workforce International Group, the applicant, Moore, sought ongoing weekly benefits and a lump sum compensation for a primary psychological injury. Moore, an employee of Workforce International Group, was on her way home from work when she witnessed and responded to a motor vehicle accident in which her co-worker was seriously injured. Moore subsequently developed post-traumatic stress disorder as a result of the incident. The central issue before the court was whether the injury Moore sustained was covered by section 10 of the 1987 Act and whether there was a real and substantial connection between her employment and the incident out of which the injury arose.

The court examined the applicability of section 10 of the 1987 Act, which provides that an injury sustained on a journey to or from employment is considered to have arisen out of employment if it is caused by an event or circumstance to which the employee was subjected in the course of their employment or in relation to their employment. The court found that Moore's injury was sustained on a journey to which section 10 applied, as she was on her way home from work when the incident occurred. The court further determined that there was a real and substantial connection between Moore's employment and the incident, as she was a first responder to the motor vehicle accident involving her co-worker, and the incident occurred in the context of her employment.

In light of the findings, the court awarded Moore ongoing weekly compensation for her post-traumatic stress disorder. The matter was remitted to the President for referral to a Medical Assessor to determine the appropriate amount of weekly compensation. Additionally, the court directed that a lump sum compensation be paid to Moore for her primary psychological injury, although the specific amount was not determined in the decision.

Orders