Parnell v WorkCover Queensland

[2006] QSC 303

SUPREME COURT OF QUEENSLAND

CITATION:

Parnell v WorkCover Queensland [2006] QSC 303

PARTIES:

CARMEL PARNELL
(applicant)
v
WORKCOVER QUEENSLAND
(respondent)

FILE NO/S:

8173/06

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court

DELIVERED ON:

20 October 2006

DELIVERED AT:

Brisbane

HEARING DATE:

13 October 2006

JUDGE:

White J

ORDER:

Declare that the applicant is entitled to seek damages for her alleged psychiatric/psychological injury subject to satisfaction of the requirements under s 258 of the Workers’ Compensation and Rehabilitation Act 2003

CATCHWORDS:

WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRELIMINARY REQUIREMENTS – CLAIMS FOR COMPENSATION – applicant accepted lump sum offer from respondent for work-related injuries – whether applicant entitled to seek further damages for alleged psychiatric injury consequent upon those work-related injuries pursuant to s 258 of the Workers’ Compensation and Rehabilitation Act 2003

WorkCover Queensland Act 1996
Workers’ Compensation and Rehabilitation Act 2003, ss 31, 32, 187, 188, 237, 239, 245(3), 258, 266, 275

Anagnostou v Woolworths Ltd [2001] 2 Qd R 1, cited
Attorney-General v Prince Augustus of Hanover [1957] AC 436, applied
Conway v WorkCover Queensland [2000] QSC 406, applied
Kriz v King [2006] QCA 351, applied

COUNSEL:

D Rangiah for the applicant
D McMeekin SC for the respondent

SOLICITORS:

Maurice Blackburn Cashman for the applicant
Bradley & Co for the respondent

1. By her originating application the applicant seeks a declaration that she is entitled to seek damages for her alleged psychiatric injury pursuant to s 258 of the Workers’ Compensation and Rehabilitation Act 2003 (“WCRA”).

1. For the purpose of this application there are no disputed facts although the respondent disputes the nature of the claim and denies that the applicant has suffered psychiatric injury consequent upon her work-related injury.  The applicant was employed as a process worker in a factory in Sherwood.  On 29 July 2003 in the course of her employment she tripped over the protruding leg of a whiteboard and fell.  She sustained injuries to her right shoulder, left knee and thigh, a laceration to her lip and bruising to the right side of her face.  On or about 7 August 2003 the applicant lodged a claim for workers’ compensation with the respondent pursuant to the Workcover Queensland Act 1996 in respect of the physical injuries described above.

1. On 30 May 2004 the respondent issued the applicant with a notice of assessment pursuant to s 185(1) of the WCRA assessing her permanent impairment at zero per cent and her work related impairment as nil.  The applicant sought referral to the Medical Assessment Tribunal.  After hearings by that Tribunal and the Orthopaedic Assessment Tribunal the respondent issued a further notice of assessment to the applicant on 19 August 2004 assessing her right shoulder impairment at two per cent, her left knee at zero per cent, scarring to her lip at one per cent and a work-related impairment of 2.1 per cent.

1. Pursuant to s 187 of the WCRA the respondent made a lump sum offer of $3,388.15 to the…