Ribeiro v Workers' Compensation Regulator

[2020] ICQ 17

INDUSTRIAL COURT OF QUEENSLAND

CITATION:

Ribeiro v Workers’ Compensation Regulator [2020] ICQ 017

PARTIES:

ISRAEL RIBEIRO

(appellant)

v
WORKERS’ COMPENSATION REGULATOR

(respondent)

FILE NO:

C/2020/3

PROCEEDING:

Appeal

DELIVERED EX TEMPORE ON:

21 April 2020

HEARING DATE:

21 April 2020

MEMBER:

Martin J, President

ORDERS:

The appeal is dismissed.

CATCHWORDS:

INDUSTRIAL LAW – QUEENSLAND – APPEALS – APPEAL TO INDUSTRIAL COURT – OTHER MATTERS – where the appellant made an application for workers’ compensation for an umbilical hernia injury said to have been sustained over a period of time as a result of his employment – where the application was rejected by his employer, a self-insurer, and, on review, by the Workers’ Compensation Regulator – where the appellant appealed the decision of the Workers’ Compensation Regulator to the QIRC – where the issues before the Deputy President were (a) whether the appellant’s hernias arose out of or in the course of his employment, and, if so, whether his employment was a significant contributing fact to the injury; or (b) whether the appellant suffered an aggravation of his hernias which arose out of or in the course of his employment, and, if so, whether his employment was a significant contributing factor to the aggravation – where the Deputy President answered both questions in the negative – whether the appellant identified an error of law in the Deputy President’s reasons

INDUSTRIAL LAW – QUEENSLAND – APPEALS – APPEAL TO INDUSTRIAL COURT – OTHER MATTERS – where the respondent seeks its costs of the appeal – where the Workers’ Compensation and Rehabilitation Act 2003 restricts the availability of a costs order to circumstances where the appeal is vexatious or without reasonable cause – whether the appeal was without reasonable cause

Workers’ Compensation and Rehabilitation Act 2003

CASES:

Jegatheeswaran v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 263, cited
Waterford v The Commonwealth (1987) 163 CLR 54, applied

APPEARANCES:

C Donnan instructed by Jonathan C Whiting & Associates for the appellant

D Callaghan instructed directly by the Workers’ Compensation Regulator

1. Mr Israel Ribeiro commenced employment with JBS Australia Proprietary Limited in March 2008.  JBS operated an abattoir at Dinmore at the relevant time.  JBS is, under the Workers’ Compensation and Rehabilitation Act 2003, a self-insurer. Mr Ribeiro made an application for workers’ compensation for an umbilical hernia injury said to have been sustained over a period of time as a result of his employment as a slicer. It was rejected by JBS and, on review, by the Regulator.

2. When the matter came before the Commission, Mr Ribeiro submitted the following:

   (a)that he suffered the injuries of an umbilical hernia and a para-umbilical hernia, 

   (b)that those two injuries arose out of or in the course of his employment, and that his employment was a significant contributing factor to those injuries, 

   (c)his employment aggravated his hernias and his employment was a significant contributing factor to that aggravation,  and

   (d)the causal connection between his employment and the development or aggravation of his hernias was…