Riman v IBM Australia Limited

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Riman v IBM Australia Limited [2023] NSWPIC 329

APPLICANT:

Maggie Riman

RESPONDENT:

IBM Australia Ltd

MEMBER:

Cameron Burge

DATE OF DECISION:

7 July 2023

CATCHWORDS:

WORKERS COMPENSATION -  Claim for death benefit by legal personal representative of estate; applicant’s claim deceased’s underlying psychological condition was aggravated by her employment causing injury, and ultimately death by self-harm; Held­ – the applicant must establish her employment was the main contributing factor to the aggravation of the deceased’s underlying condition, of which there can be but one; where there are competing work and non-work factors in play, it is important to weigh up the relevant contributions of both; AV v AW followed; the evidence establishes the causes of the deceased’s aggravation were multi-factorial; the contemporaneous material reveals the predominant issues in the lead up to and at the time of the deceased’s decompensation were non-work related and the applicant’s claim must therefore fail; award for the respondent.

DETERMINATIONS MADE:

The Commission determines:

1.     Award for the respondent.

STATEMENT OF REASONS

BACKGROUND

1. These proceedings are brought by the legal representative of the estate of the late Rita Riman (the deceased), her sister Maggie Riman (the applicant) against the deceased’s former employer IBM Australia Ltd (the respondent).

2. The applicant seeks payment of the death benefit agreed to relevantly total $838,750, said to be payable as a result of a psychological injury by way of an aggravation of a pre-existing condition sustained by the deceased with a deemed date of injury of 20 April 2015. The deceased died by suicide on 14 June 2021.

3. Liability in respect of the claim is disputed. The respondent denies the applicant suffered a psychological injury in the course of her employment, and also alleges the applicant’s death was caused by an intentional self-inflicted injury (s 14(3) of the Workers Compensation Act1987 (the 1987 Act)). Additionally, the respondent alleges the applicant failed to make a claim in respect of the deceased’s death within the required time and is therefore precluded from claiming compensation pursuant to s 261 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act).

ISSUES FOR DETERMINATION

1. The parties agree that the following issues remain in dispute:

   (a)    whether the deceased suffered a psychological injury in the course of her employment with the respondent by way of aggravation of her pre-exiting psychological condition;

   (b)    if so, whether the deceased’s death was caused by an intentional self-inflicted injury, and

   (c) whether the applicant is precluded from claiming compensation by virtue of the operation of s 261 of the 1998 Act.

PROCEDURE BEFORE THE PERSONAL INJURY COMMISSION

1. I am satisfied that the parties to the dispute understand the nature of the application and the legal implications of any assertion made in the information supplied. I have used my best endeavours in attempting to bring the parties to the dispute to a settlement acceptable to all of them. I am satisfied that the parties have had sufficient opportunity to explore settlement…