Morrison v Simon Blackwood (Workers' Compensation Regulator)

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

Morrison v Simon Blackwood (Workers' Compensation Regulator) [2015] QIRC 146

PARTIES:  

Morrison, Miranda
(Appellant)

v

Simon Blackwood (Workers' Compensation Regulator)
(Respondent)

CASE NO:

WC/2014/347

PROCEEDING:

Appeal against decision of the Workers' Compensation Regulator

DELIVERED ON:

7 August 2015

HEARING DATES: 

16, 17 March 2015
15 April 2015 (Appellant Submissions)
1 May 2015 (Respondent Submissions)
11 May 2015 (Submissions in Reply)

MEMBER:

Deputy President Swan

ORDERS   :

1.      The Appeal is dismissed.

2.      The Appellant is to pay the Respondent's costs of and incidental to the Appeal.

CATCHWORDS:

WORKERS' COMPENSATION - APPEAL AGAINST DECISION - decision of Simon Blackwood (Workers' Compensation Regulator) - whether right inguinal hernia arose out of or in the course of employment - appellant bears onus of proof

CASES:

Workers' Compensation and Rehabilitation Act 2003
Thorsten Groos and WorkCover Queensland (2000) 165 QGIG 106, 107
Saleed v Simon Blackwood (Workers' Compensation Regulator) [2015] QIRC 028
Davidson v Simon Blackwood (Workers' Compensation Regulator) (2014) ICQ 008

APPEARANCES:

Ms S. Anderson, of Counsel instructed by Shine Lawyers for the Appellant.
Mr S. Gray, Counsel directly instructed by Simon Blackwood (Workers' Compensation Regulator).

Decision

1. Ms Miranda Morrison (the Appellant) has appealed the decision of the Workers' Compensation Regulator of 10 November 2014, which confirmed the WorkCover decision to reject Ms Morrison's notice of claim for damages in accordance with s 32 and s 258(1)(a) of the Workers' Compensation and Rehabilitation Act 2003 (the Act).

2. This is a hearing de novo and the Appellant bears the onus of proof on the balance of probabilities.

Witnesses

1. Witnesses called by the Appellant were:

   ·        Ms Miranda Morrison, worker;

   ·        Dr Robert Parkes, Consultant General Physician.

2. Witnesses for the Respondent were:

·        Ms Anna-Marie Donaghue, Registered Nurse, worker's supervisor;

·        Professor Michael O'Rourke, General Surgeon.

Relevant Legislation

1. Section 32 of the WCRA defines "injury" as:

"32    Meaning of injury

1)An injury is personal injury arising out of, or in the course of, employment if -

a)for an injury other than a psychiatric or psychological disorder - the employment is a significant contributing factor to the injury; or

b)for a psychiatric or psychological disorder - the employment is the major significant contributing factor to the injury.

2)However, employment need not be a contributing factor to the injury if section 34(2) or 35(2) applies.

3)Injury includes the following -

a)   a disease contracted in the course of employment, whether at or away from the place of employment, if the employment is a significant contributing factor to the disease;

b)   an aggravation of the following, if the aggravation arises out of or in the course of, employment and the employment is a significant contributing factor to the aggravation;

(i)a personal injury other than a psychiatric or psychological disorder:

(ii)a disease;

(iii)a medical condition other than a psychiatric or psychological disorder, if the condition becomes a personal injury or disease because of the aggravation;

ba)an aggravation of a psychiatric or psychological disorder, if the aggravation arises out of, or…