Muckermann v Skilled Group Limited

Case [2013] QSC 51

SUPREME COURT OF QUEENSLAND

CITATION:

Muckermann v Skilled Group Limited & Anor [2013] QSC 51

PARTIES:

Lawrence Muckermann

(Plaintiff)

V

Skilled Group Limited (ACN 005 585 81)

(First Defendant)

And

Vinidex Pty Ltd (ACN 000 664 942)

(Second Defendant)

FILE NO:

S446 of 2011

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

6 March 2013

DELIVERED AT:

Mackay

HEARING DATE:

8 November 2012

JUDGE:

North J

ORDER:

1.   Declare that the injury described in question 41 of the Notice of Claim for Damages as a psyche-major depressive disorder was assessed under s 179 of the Workers’ Compensation and Rehabilitation Act 2003.

2.   The parties to the application are to make (and exchange) submissions in writing concerning costs within 14 days.

CATCHWORDS:

WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRELIMINARY REQUIREMENTS – EFFECT OF INACCURACY, DELAY OR FAILURE TO GIVE NOTICE – GENERALLY – where plaintiff sues employer for damages for negligence and breach of contract – where employee suffered psychiatric illness – where notice of claim for damages required by Workers’ Compensation and Rehabilitation Act 2003 a statement of specific date and time of injury– where pleadings allege subsequent harassment and intimidation by employer – whether subsequent alleged harassment should be considered a separate ‘event’ within the meaning of the statute –– whether ‘injury’ had been assessed

LEGISLATION:

Workers’ Compensation and Rehabilitation Act 2003

Workers’ Compensation and Rehabilitation Regulation 2003

CASES:

Andersen v Aged Care Employers Self Insurance [2011] QSC 101
Bell v Australia Meat Holdings Pty Ltd [2003] QCA 209

Berowra Holdings Pty Ltd v Gordon (2006) 225 CLR 364
Bonser v Melnacis [2002] 1 Qd R 1
Francis v Emijay Pty Ltd [2006] 2 Qd R 5
Glenco Manufacturing Pty Ltd v Ferrari [2005] QSC 5; [2005] 2 Qd R 129
Gorry v Australia Meat Holdings Pty Ltd [2008] 1 Qd R 354
Hamling v Australia Meat Holdings Pty Ltd (No 2) [2007] 1 QdR 315
Hawthorne v Thiess Contractors Pty Ltd [2001] QCA 223; [2002] 2 Qd R 157

Kennedy Cleaning Services Pty Ltd v Petkoska (2000) 200 CLR 286

Phipps v Australian Leisure and Hospitality Group Ltd [2007] 2 QdR 555
Roberts v Australia and New Zealand Banking Group Ltd [2005] QCA 470; [2006] 1 Qd R 482
Sayers v Hansont/a Allguard Security Services [2011] QSC 70
Watkin v  GRM International Pty Ltd [2006] QCA 382

Watters v WorkCover Queensland [2001] QSC 331

Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310

COUNSEL:

Mr J Greggery for the Applicant/Plaintiff

Mr K Holyoak  for the Respondent/First Defendant

SOLICITORS:

Connolly Suthers Lawyers for the Applicant/Plaintiff

Bruce Thomas Lawyers for the Respondent/First Defendant

  1. The Plaintiff applies seeking a declaration:[1]

“That the injury described in question 41 of the notice of claim for damages as a psych-major (sic) depressive disorder was assessed under section 179 of the Workers’ Compensation and Rehabilitation Act 2003.”[2]

[1] Application filed 25 October 2012.

[2] Hereafter “WCRA”. In the reasons below I refer…

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Details
AGLC
Muckermann v Skilled Group Limited & Anor [2013] QSC 51
Case
[2013] QSC 51
Decision Date

CaseChat Overview and Summary

The case of Muckermann v Skilled Group Limited involved a plaintiff suing her employer for damages for negligence and breach of contract. The plaintiff had suffered a psychiatric illness, and the dispute centred on the notice requirements under the Workers’ Compensation and Rehabilitation Act 2003. The plaintiff alleged that she had suffered subsequent harassment and intimidation by her employer after the initial injury. The court was tasked with determining whether these subsequent allegations should be considered a separate ‘event’ within the meaning of the statute, and whether the ‘injury’ had been properly assessed.

The legal issues the court needed to address included the interpretation of the statutory notice requirements and whether the subsequent harassment constituted a separate injury. The court had to consider the nature of the alleged harassment, whether it constituted a distinct event that triggered a new notice requirement, and if the initial psychiatric injury had been assessed as required by the statute. This involved an analysis of the statutory provisions and the factual circumstances of the case.

The court found that the injury described in the Notice of Claim for Damages was assessed under the relevant section of the Act. It held that the subsequent harassment and intimidation by the employer did not constitute a separate ‘event’ for the purposes of the notice requirements. The court further held that the initial injury had been assessed as required by the statute. Consequently, the court declared that the injury described in question 41 of the Notice of Claim for Damages was assessed under s 179 of the Workers’ Compensation and Rehabilitation Act 2003.

The court ordered that the parties to the application were to make and exchange written submissions concerning costs within 14 days. This decision provided clarity on the notice requirements under the Workers’ Compensation and Rehabilitation Act 2003 and the treatment of subsequent events in the context of workers’ compensation claims.

Orders

Orders of the court

1. Declare that the injury described in question 41 of the Notice of Claim for Damages as a psyche-major depressive disorder was assessed under s 179 of the Workers’ Compensation and Rehabilitation Act 2003.

2. The parties to the application are to make (and exchange) submissions in writing concerning costs within 14 days.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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