Pereira v ARA Fire Protection Services Pty Ltd

Case

[2025] NSWPICPD 77

3 November 2025


Details
AGLC Case Decision Date
Pereira v ARA Fire Protection Services Pty Ltd [2025] NSWPICPD 77 [2025] NSWPICPD 77 3 November 2025

CaseChat Overview and Summary

Pereira brought an action against ARA Fire Protection Services Pty Ltd, claiming workers compensation for a heart attack suffered at work. The respondent argued that the heart attack was not caused by work. The case was heard in the Supreme Court of New South Wales. The legal issues before the court were whether the heart attack was an injury within the meaning of the Workers Compensation Act 1987, and if so, whether the nature of work was the main contributing factor to the aggravation of the underlying condition that caused the heart attack.

The court found that the heart attack was an injury within the meaning of the Workers Compensation Act 1987. However, the court held that the applicant had failed to establish that the nature of work was the main contributing factor to the aggravation of the underlying condition that caused the heart attack. The court found that the applicant's underlying condition, coronary artery disease, was present and known before the applicant was employed by the respondent. The court found that the evidence did not support a finding that the nature of work was the main contributing factor to the aggravation of the underlying condition. The court found that the applicant's activities at work did not cause the heart attack.

The court dismissed the applicant's claim for compensation. The court held that the applicant had failed to establish that the nature of work was the main contributing factor to the aggravation of the underlying condition that caused the heart attack. The court found that the applicant's underlying condition was present and known before the applicant was employed by the respondent, and that the evidence did not support a finding that the nature of work was the main contributing factor to the aggravation of the underlying condition. The court found that the applicant's activities at work did not cause the heart attack.
Details

Areas of Law

  • Workers Compensation Law

Legal Concepts

  • Breach of Duty of Care

  • Causation

  • Compensatory Damages

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

0

Nguyen v Cosmopolitan Homes [2008] NSWCA 246