QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Raineri | v | Simon | Blackwood | (Workers' |
Compensation Regulator) [2014] QIRC 124
| PARTIES: | Raineri, Guiseppe (Joe) | ||||||
| (Appellant) | |||||||
| v | |||||||
| Simon Blackwood (Workers' Compensation Regulator) | |||||||
| (Respondent) | |||||||
| CASE NO: | WC/2013/68 | ||||||
| PROCEEDING: | Appeal against a decision of Simon Blackwood | ||||||
| (Workers' Compensation Regulator) | |||||||
| DELIVERED ON: | 8 August 2014 | ||||||
| HEARING DATES: | 29 and 30 April 2014 | ||||||
| 1 and 2 May 2014 4 June 2014 (Respondent's submissions) 17 June 2014 (Appellant's submissions) | |||||||
| MEMBER: | Industrial Commissioner Thompson | ||||||
ORDERS : |
| ||||||
CATCHWORDS: | WORKERS' COMPENSATION - APPEAL AGAINST DECISION - decision of Simon Blackwood (Workers' Compensation Regulator) - Appellant a worker - bears onus of proof - standard of proof - balance of probabilities - medical evidence - Appellant established the personal injury arose out of, or in the course of, employment - employment was a significant contributing factor to the injury - psychiatric/psychological injury - unreasonable management action taken in an unreasonable way | ||||||
| - in connection with employment - decision of | |||||||
| Regulator set aside - Appeal allowed - Regulator to pay Appellant's costs. | |||||||
| CASES: | Workers' Compensation and Rehabilitation Act | ||||||
| 2003 s 11, s 32(1), s 32(5), s 550 | |||||||
| Evidence Act 1977 State Buildings Protective Security Act 1983 Invasion of Privacy Act 1971 | |||||||
| |||||||
| |||||||
| < | |||||||
| Susan Forden v Q-COMP [2009] Magistrate Lee (MAG 31405/07, 28706/08 & 36307/08) D Byrne and JD Heydon, Cross on Evidence, fourth Australian Edition, Butterworths 1991, page 1029 Montfory v Rhodes Corporation [2005] VSC 320 RPS v The Queen [2000] 199 CLR 620 Insurance Commissioner v Joyce [1948] 77 CLR 39 | |||||||
| Flinders Operating Services Pty Ltd (formally NRG Flinders Operating Services Pty Ltd) v | |||||||
| Amato [2007] SAWCT 33 | |||||||
| Rea Georges v Telstra Corporation Limited | |||||||
| [2009] AATA 731 Bowers v WorkCover Queensland [2003] 170 QGIG 1 Qantas Airways Limited v Q-COMP [2006] 181 QGIG 301 Catholic Education Services v Q-COMP [2007] 185 QGIG 248 Q-COMP v Department of Education [2005] 179 QGIG 491 Prizeman v Q-COMP [2005] 180 QGIG 481 Q-COMP v Hohn [2008] 187 QGIG 139 | |||||||
| APPEARANCES: | Mr B. Munro, Counsel instructed by Turner Freeman Lawyers for the Appellant. Mr N. Jarro, Counsel directly instructed by Simon Blackwood (Workers' Compensation | ||||||
| Regulator), the Respondent. |
[2] The decision of the Regulator was to confirm the decision of WorkCover Queensland (WorkCover) to reject the Appellant's Application for Compensation in accordance with s 32 of the Act.
[3] On 16 July 2013 the Appellant lodged with the Industrial Registrar an Amended Notice of Appeal which reflected an Amended Statement of Stressors.
Relevant Legislation
[4] The Legislation pertinent to this Appeal is 32 of the Act:
"32 Meaning of injury
(1) An injury is personal injury arising out of, or in the course of,…
Keep reading for free
Create a free CaseChat account to read Raineri v Simon Blackwood (Workers' Compensation Regulator) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2014] QIRC 124
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were the standard of proof required for the appellant to establish that the injury arose out of and in the course of employment, and whether the appellant had met this standard. The court also needed to determine if the employment was a significant contributing factor to the injury and whether the management action was unreasonable in the context of the employment relationship.
The court found that the appellant successfully established, on the balance of probabilities, that the personal injury arose out of and in the course of employment. The court concluded that the employment was a significant contributing factor to the injury, and the management action was unreasonable. The court accepted the medical evidence provided, which supported the appellant's claim. The appeal was allowed, and the decision of the Regulator was set aside, substituting a new decision that the claim was one for acceptance. The Regulator was ordered to pay the appellant's costs of and incidental to this appeal, or, in the event of a failure to agree, to be the subject of a further application to the Commission.
Orders
Orders of the court
1.
The Appeal is allowed.
2.
The Commission sets aside the decision of the Regulator and substitutes a new decision that the claim is one for acceptance.
3.
The Regulator is to pay the Appellant's costs of and incidental to this Appeal or, failing agreement, to be the subject of a further application to the Commission.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.