Reodica v State Rail Authority

CITATION:	Reodica v State Rail Authority [2003] NSWCA 112 revised - 20/05/2003
HEARING DATE(S):	5 May 2003
JUDGMENT DATE:	20 May 2003
JUDGMENT OF:	Mason P at 1; Handley JA at 2; Tobias JA at 3
DECISION:	Appeal to be dismissed with costs
CATCHWORDS:	Workers' Compensation - error of law - Commissioner and later trial judge found that an alleged assault in the workplace had not taken place and that the appellant was not suffering from post traumatic stress disorder - new hearing ordered on the basis that the Commissioner had failed to address the broader case that the appellant was suffering from general psychological injury due to the nature and circumstances of work - Court of Appeal in obiter stated the question of assault and post traumatic stress disorder could not be revisited in the new hearing - in new hearing judge considered himself bound by earlier statements of the Court that questions of assault and post traumatic stress disorder would be excluded from consideration in the new hearing - whether judge erred in failing to consider and determine the appellant's claims in regards to assault and post traumatic stress disorder - whether s17(1) and (4) of the Compensation Court Act mandated a hearing of all the appellant's claims - appeal dismissed with costs. ND
LEGISLATION CITED:	Compensation Court Act 1984 s32(1), s17(1) and (4), s34A(1)
CASES CITED:	Vakauta v Kelly (1988) 13 NSWLR 502 Crampton v The Queen (2000) 206 CLR 161 Bruce v Grocon Limited (1995) 11 NSW CCR 247 Warren v Commissioner of Police (1997) 14 NSW CCR 513 Merdonic v Pongrass Operations Pty Ltd [1994] NSW CA No. 40500/91 CSR Ltd v D'Arcy (1999) 18 NSW CCR 231 Hardaker v Wright & Bruce Pty Limited 1960) 62 SR (NSW) 244 Schipp v Herfords Pty Limited (1975) 1 NSWLR 412 Cawood v Green & Anor NSWCA, 320/13, 1974 State Rail Authority of NSW v Reodica [2000] NSW CA 371 Reodica v State Rail Authority [1999] 11644/1996
PARTIES :	Reynato Reodica State Rail Authority
FILE NUMBER(S):	CA 40142/02
COUNSEL:	A - Mr S Wheelhouse SC R - Mr P R Sternberg
SOLICITORS:	A - Davidsons, Solicitors R - Baldock Stacey and Niven

LOWER COURTJURISDICTION:	Compensation Court
LOWER COURT FILE NUMBER(S):	CC 11644/96
LOWER COURT JUDICIAL OFFICER :	Burke ACCJ

CA 40142/02

MASON P
HANDLEY JA
TOBIAS JA

20 May 2003

RENATO REODICA v STATE RAIL AUTHORITY

Judgment

INTRODUCTION

1 MASON P: I agree with Tobias JA.

2 HANDLEY JA: I agree with Tobias JA.

3 TOBIAS JA: This an appeal from a decision of Burke ACCJ arising out of a claim for compensation by the appellant in respect of incapacity alleged to have arisen from psychological injury sustained by him in the course of his employment with the respondent. His Honour rejected the appellant’s claim and made an award in favour of the respondent.

HISTORY OF THE LITIGATION

4 The appellant made two claims. The first was that he suffered post-traumatic stress disorder (PTSD) as a consequence…