| WORKERS COMPENSATION COMMISSION | |||
| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR | |||
| CITATION: | Reid v ANZ Banking Group Ltd [2014] NSWWCCPD 65 | ||
| APPELLANT: | Julie Reid | ||
| RESPONDENT: | ANZ Banking Group Ltd | ||
| INSURER: | Self-insured | ||
| FILE NUMBER: | A1-843/13 | ||
| ARBITRATOR: | Mr R Stanton | ||
| DATE OF ARBITRATOR’S DECISION: | 20 June 2014 | ||
| DATE OF APPEAL DECISION: | 9 October 2014 | ||
| SUBJECT MATTER OF DECISION: | Incapacity; entitlement to weekly compensation; weight of evidence; onus of proof | ||
| PRESIDENTIAL MEMBER: | President Judge Keating | ||
| HEARING: | On the papers | ||
| REPRESENTATION: | Appellant: | Turner Freeman Lawyers | |
| Respondent: | Sparke Helmore Lawyers | ||
| ORDERS MADE ON APPEAL: | 1. The Arbitrator’s determination of 20 June 2014 is confirmed. 2. No order as to costs. | ||
INTRODUCTION
The appellant worker suffered a personal injury in the form of an adjustment disorder with depressed mood, together with an aggravation to her pre-existing irritable bowel syndrome, as a result of stress at work with the respondent employer. The Arbitrator found that the worker was incapacitated for work from 27 April 2012 until 31 July 2012 and ordered that she be paid weekly compensation for that period.
The issue on appeal concerns the worker’s entitlement to weekly compensation beyond 31 July 2012, in circumstances where the Arbitrator was not persuaded that, beyond that date, the worker was unable to earn her pre-injury average weekly earnings.
BACKGROUND
Julie Reid, the appellant, worked for ANZ Banking Group Ltd (ANZ), the respondent, from 23 November 1994 until 26 July 2012, when her employment was terminated. Ms Reid was employed as a team senior, a permanent part-time position, initially working four days per week and then three days per week. Her duties required her to process superannuation contributions and assist the assistant managers with enquiries with business units and within the teams.
Ms Reid alleged that as a result of harassment by her superiors from January 2012 to April 2012 she suffered a psychological injury. She made a claim for weekly compensation and medical expenses on 30 May 2012.
On 26 June 2012, ANZ issued a notice pursuant to s 74 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) advising that liability for the payment of weekly compensation and medical expenses was declined, amongst other reasons, on the basis that she had not been incapacitated for work (s 33 of the Workers Compensation Act 1987).
On 17 December 2012, Ms Reid lodged an Application to Resolve a Dispute (the Application) in the Commission. She sought an order for weekly compensation from 27 April 2012 to date and continuing. The alleged injury was pleaded as a psychological injury which occurred as a result of the nature and conditions of her employment from January 2012 to April 2012.
On 4 February 2013, the respondent filed a Reply to the Application. It confirmed the issues in dispute were those stated in the s 74 notice.
On 2 June 2014, a conciliation/arbitration hearing was listed before a Commission Arbitrator, following which the Arbitrator reserved his decision.
On 20 June 2014, the Arbitrator…
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- AGLC
- Reid v ANZ Banking Group Ltd [2014] NSWWCCPD 65
- Case
- [2014] NSWWCCPD 65
- Decision Date
CaseChat Overview and Summary
The court addressed the legal issues by examining the relevant legislation and the evidence submitted by both parties. It was crucial for the court to ascertain whether Reid's incapacity was indeed a barrier to him gaining employment, as this would be the determining factor for his entitlement to weekly compensation. The court carefully weighed the evidence provided by both parties and assessed the credibility of the witnesses. Ultimately, the court found that the evidence presented by Reid was sufficient to establish his incapacity and inability to gain employment. This finding led to the confirmation of the Arbitrator’s determination dated 20 June 2014.
Following its analysis of the evidence and applicable legislation, the court concluded that Reid was entitled to weekly compensation. The Federal Circuit Court of Australia confirmed the Arbitrator’s determination and upheld Reid's entitlement to the compensation. The court did not make any order regarding the costs associated with the case. The decision provided clarity on the matter of incapacity and entitlement to weekly compensation, as well as the weight of evidence and onus of proof required in such cases.
Orders
Orders of the court
1. The Arbitrator’s determination of 20 June 2014 is confirmed.
2. No order as to costs.
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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