Rucker v Simon Blackwood (Workers' Compensation Regulator)

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:       

Rucker v Simon Blackwood (Workers' Compensation Regulator)[2014] QIRC 061

PARTIES:  

Rucker, Laurence
(Appellant)

v

Simon Blackwood (Workers' Compensation Regulator)
(Respondent)

CASE NO:

WC/2012/314

PROCEEDING:

Appeal against a decision of Simon Blackwood (Workers' Compensation Regulator)

DELIVERED ON:

31 March 2014

HEARING DATES: 

20, 21, 22, 23 and 24 May 2013

20 June 2013

MEMBER:

Industrial Commissioner Black

ORDERS   :

1.      The appeal is dismissed

2.      The decision of the Regulator stands

3.      Costs are reserved

CATCHWORDS:

WORKERS' COMPENSATION - APPEAL AGAINST DECISION - Whether an injury was suffered - Whether injury arose out of, or in the course of, employment - Whether the worker's employment was a significant contributing factor to the injury - worker's predisposition to stress related injury

CASES:

Workers' Compensation and Rehabilitation Act 2003, s 32(1), s 32(5)(1)(a), (b) and (c), s 549

Police Service Administration Act 1990 s6.1(1)(a)(ii), 6.1(1)(d) and 7.4(2)

WorkCover Queensland v Kehl (2002) 170 QGIG 93
Q-COMP and QR Limited (2011) C/2011/26 - Decision v Stewart [2013] QSC 182
Rucker v Stewart & Ors [2014] QCA 32

APPEARANCES:

Mr L. Rucker, in person, for the Appellant.

Dr M. Spry, Counsel directly instructed by Simon Blackwood (Workers' Compensation regulator), the Respondent

Introduction

1. Mr Laurence Rucker ("the appellant") appeals against a decision of the Review Unit of the Workers' Compensation Regulator ("the regulator") to reject his application for workers' compensation.  The appeal to the Commission is made pursuant to
   s 549 of the Workers' Compensation and Rehabilitation Act 2003 ("the Act").

1. The appellant is a serving senior sergeant of police in the Queensland Police Service (QPS).  The appellant was stood down from active duty in accordance with a Stand Down Notice dated 4 October 2001 which was signed by the Deputy Commissioner of Police, Ian Stewart.  A series of conditions were attached to the stand down notice.  These conditions were included in a memorandum signed by Superintendent Fleming and dated 5 October 2011.  Superintendent Fleming served the stand down notice and the accompanying conditions on the appellant on 5 October 2011.

1. On the same day that he received his stand down notice the appellant attended upon his General Practitioner, Dr Tran, who signed a workers' compensation medical certificate in which the cause of injury was shown as "stress/adjustment disorder". The appellant then lodged a claim for compensation with WorkCover Queensland. Both the medical certificate and the WorkCover claim were dated 5 October 2011.  

Legislation

1. Section 32 of the Act relevantly provides as follows:

"32    Meaning of injury

(1)An injury is personal injury arising out of, or in the course of, employment if the employment is a significant contributing factor to the injury.

…

(5)Despite subsections (1) and (3), injury does not include a psychiatric or psychological disorder arising out of, or in the course of, any of the following circumstances -

(a) reasonable management action taken in a reasonable way by the employer in connection with the worker's employment;

(b) the worker's expectation or perception of reasonable management action…