| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Roe v Mackillop Family Services Ltd [2025] NSWPIC 438 |
| APPLICANT: | Roseanne Roe |
| RESPONDENT: | Mackillop Family Services Limited |
| MEMBER: | Karen Garner |
| DATE OF DECISION: | 27 August 2025 |
CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987; accepted injury; claim in respect of underpayment of weekly compensation; whether there has been a change of an ongoing nature to the applicant’s employment arrangement resulting in a financially material change to the earnings of the applicant; by virtue of which clause 8C(1) of the Workers Compensation Regulations 2016 (2016 Regulation) should operate to determine the applicant’s pre-injury average weekly earnings for the purposes of calculating the applicant’s entitlement to weekly compensation pursuant to sections 36 and 37; Held – there has been a change of an ongoing nature to the applicant’s employment arrangement resulting in a financially material change to the earnings of the applicant; clause 8C(1) of the 2016 Regulation should operate to determine the applicant’s pre-injury average weekly earnings; the applicant has been underpaid her entitlements to weekly compensation pursuant to sections 36 and 37; the respondent ordered to pay the applicant the balance of unpaid weekly compensation pursuant to sections 36 and 37. |
| DETERMINATIONS MADE: | The Personal Injury Commission determines: 1. There has been a change of an ongoing nature to the applicant’s employment arrangement resulting in a financially material change to the earnings of the applicant, by virtue of which, clause 8C(1) of the Workers Compensation Regulations 2016 should operate to determine the applicant’s pre-injury average weekly earnings for the purposes of calculating the applicant’s entitlement to weekly compensation pursuant to ss 36 and 37 of the Workers Compensation Act 1987 (the 1987 Act). 2. The applicant has been underpaid her entitlements to weekly compensation pursuant to The Personal Injury Commission orders: 3. The respondent to pay the applicant the amount of $2,936.83 being the total balance of unpaid weekly compensation in respect of the period from 30 December 2019 to 4. The respondent to pay the applicant the amount of $25,380.24 being the total balance of unpaid weekly compensation in respect of the period from 30 March 2020 to 20 July 2025, pursuant to ss 33 and 37 of 1987 Act. 5. The respondent to pay the applicant the amount of any subsequent unpaid weekly compensation on a continuing basis. 6. Liberty to apply within 14 days in respect of calculation of the unpaid weekly compensation amounts. A brief statement is attached setting out the Commission’s reasons for the determination. |
STATEMENT OF REASONS
BACKGROUND
It is not in dispute that Roseanne Roe (the applicant) sustained psychological injury (the injury) in the course of her employment as a youth worker with Mackillop Family Services (the respondent), with a date of injury of on 26 December 2019.
On or about 28 February 2019, the applicant made a claim for workers compensation in relation to…
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- Case
- [2025] NSWPIC 438
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether a change in Ms. Roe’s employment arrangement constituted a change of an ongoing nature that led to a financially material change in her earnings. If so, the court needed to determine whether clause 8C(1) of the 2016 Regulation should be applied to calculate her pre-injury average weekly earnings. The outcome hinged on whether Ms. Roe was underpaid her entitlements to weekly compensation and, if so, to what extent.
The court concluded that there had indeed been a change of an ongoing nature in Ms. Roe’s employment arrangement, which resulted in a financially material change to her earnings. Clause 8C(1) of the 2016 Regulation was applicable, thereby determining Ms. Roe’s pre-injury average weekly earnings for the purposes of calculating her entitlement to weekly compensation. Consequently, the court found that Ms. Roe had been underpaid her entitlements to weekly compensation as per sections 36 and 37 of the Act. The court ordered Mackillop Family Services Ltd to pay Ms. Roe the balance of unpaid weekly compensation, as determined by the court.
Orders
Orders of the court
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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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