Seiboth v Workers' Compensation Regulator
[2015] QIRC 179
•20 October 2015
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Seiboth v Workers' Compensation Regulator [2015] QIRC 179 |
PARTIES: | Seiboth, Warren v Workers' Compensation Regulator |
CASE NO: | WC/2015/123 |
PROCEEDING: | Appeal against decision of the Workers' Compensation Regulator |
DELIVERED ON: | 20 October 2015 |
HEARING DATE: | 12 October 2015 |
HEARD AT: | Brisbane |
MEMBER: | Vice President Linnane |
ORDER: | The Appeal is dismissed |
| CATCHWORDS: | WORKERS' COMPENSATION - APPEAL AGAINST DECISION OF THE WORKERS' COMPENSATION REGULATOR - Appellant failed to comply with any direction issued in the matter - Appellant aware of all directions issued in the matter - Appellant failed to respond to correspondence - Appeal dismissed pursuant to s 331(b) of Industrial Relations Act 1999 and r 45 of the Industrial Relations (Tribunals) Rules 2011. |
| CASES: | Industrial Relations Act 1999, s 331(b). |
| APPEARANCES: | No appearance for the Appellant. |
Decision
On 13 May 2015 Warren Seiboth (Appellant) filed a Notice of Appeal in the Industrial Registry against a decision of Simon Blackwood (Workers' Compensation Regulator) (Regulator) to reject the Appellant's application for compensation. Since the filing of this Notice of Appeal the Workers' Compensation and Rehabilitation Act 2003 has been amended and the correct Respondent is now the Workers' Compensation Regulator. In his Notice of Appeal the Appellant identified that he was being represented by an Agent. On 20 May 2015 a Directions Order was forwarded to the Appellant, his Agent and the Regulator listing the matter for Callover on 26 May 2015.
On 20 May 2015 correspondence was received from the Appellant's Agent seeking to have the Callover date adjourned as she was not in Brisbane on 26 May 2015. On 21 May 2015 an e-mail was forwarded to the Appellant's Agent advising her that she need not attend the Callover given her circumstances and asking that she complete the Callover Information Form.
In her correspondence of 25 May 2015 the Appellant's Agent raised concerns about the Appellant's health indicating that he was suffering depression and anxiety. A further e-mail was then sent to the Appellant's Agent advising that should the Appellant not be in a position to deal with his Appeal because of a psychiatric or psychological condition, he should obtain correspondence from his treating psychiatrist to the following effect:
· that the Appellant was unfit to represent himself or provide instructions to his Agent because of a psychiatric or psychological condition; and
· that the Appellant was currently psychiatrically or psychologically unfit to give evidence and be cross-examined at any hearing of his Appeal.
The Appellant's Agent was further informed that should the Appellant obtain such medical opinion then the matter would likely be adjourned although the Regulator's view would need to be obtained. The Appellant's Agent was informed via e-mail on 29 May 2015 that the Appellant would be given a further three (3) weeks to obtain the abovementioned medical advice. The Appellant's Agent was further advised that the matter would again be listed after this period of time had elapsed.
On 16 June 2015 an e-mail was copied to my Chambers of an e-mail forwarded by the Appellant's Agent to Dr Jagannathan Alagarsamy, Psychiatrist, asking that Dr Alagarsamy provide his advice direct to the Commission. This correspondence was also copied to the Appellant.
On 30 June 2015 my Chambers received an e-mail from the Appellant's Agent as follows:
"… I write to inform you of my withdrawal as support person for Warren Seiboth and I would appreciate it if all future correspondence be sent directly to Mr Seiboth and his contact details are as follows".
Neither the Industrial Registry nor my Chambers received any information whatsoever from Dr Alagarsamy following 30 June 2015.
Having received no advice from the Appellant this Appeal was listed for Callover on 21 July 2015. At this time a Further Directions Order was forwarded to the Appellant. The first such direction was for the filing and service of a Statement of Stressors. This was to be actioned by 14 August 2015. No Statement of Stressors was received by the Industrial Registry or the Regulator.
The Regulator further advised that no List of Documents was provided by the Appellant by 28 August 2015, or at any time, in accordance with the Further Direction Order of 21 July 2015.
The Appellant further failed to file and serve his List of Witnesses by 18 September 2015, or at all, and no List of Relevant Documents that the Appellant wished to adduce as evidence at the hearing was provided by 18 September 2015, or at all.
At no time has the Appellant provided details of any expert witnesses or filed copies of any expert reports. These were to be provided by 25 September 2015.
In the Further Directions Order dated 21 July 2015 a Mention of this appeal was scheduled for 30 September 2015. The date of that Mention was altered on 25 September 2015 with the Mention scheduled for 1 October 2015. The Notice of Listing was sent to the Appellant, his former Agent and the Regulator. The Appellant failed to attend this Mention in person and attempts to contact him via telephone failed. In that Further Directions Order of 21 July 2015 the hearing of the Appellant's Notice of Appeal was scheduled for 12 - 15 October 2015 inclusive.
The Appellant failed to attend the hearing of his Notice of Appeal. Given that neither the Industrial Registry nor the Regulator had received any correspondence from the Appellant, I was concerned that the Appellant may not have received the Further Directions Order or any Notices from the Commission. At the hearing on 12 October 2015 I indicated to the Regulator's representative that, whilst I had formed the view that the Appeal should be dismissed, I would have my Associate e-mail the Appellant and his former Agent seeking a response from the Appellant.
Shortly after the conclusion of the hearing on 12 October 2015 I had my Associate attempt to contact the Appellant by telephone. This was unsuccessful. I then had my Associate e-mail the Appellant in the following terms:
"Mr Sieboth,
You failed to attend the hearing today of your appeal against the decision of the Workers' Compensation Regulator (Regulator). The Regulator appeared at the hearing this morning.
It is the intention of the Vice President to dismiss your appeal in WC/2015/123 for failure to attend the Mention on 1 October 2015, the hearing scheduled to commence on 12 October 2015 and for your failure to comply with any of the directions outlined in the Further Directions Order of 21 July 2015. That Further Directions Order containing all of the dates for compliance was forwarded to you via your e-mail address.
The Vice President has received no correspondence from you whatsoever in relation to your Appeal. Should you not have been able to comply with directions then an e-mail explaining your circumstances would have been an appropriate response.
The Vice President has indicated that she will delay writing a decision in WC/2015/123 for thirty-six (36) hours to provide you with an opportunity to explain your failure to attend the Mention and the Hearing of your Appeal.
Should you not respond to this e-mail within 36 hours the Vice President will dismiss your appeal in WC/2015/123."
At the same time I asked my Associate to forward a similar e-mail to the Appellant's former Agent in case the Appellant no longer utilised his telephone and/or his e-mail address both of which were notified in his Notice of Appeal. As a preamble to that e-mail my Associate stated:
"We note that you no longer act as agent for Mr Warren Seiboth in his appeal against the decision of the Workers' Compensation Regulator. We send you a copy of the below e-mail sent to Mr Seiboth earlier today, in case as his former agent you have other means of contacting him. We have also attempted to telephone Mr Seiboth on the number which has been provided for him."
That e-mail was sent to the Appellant's Agent at 12.46 pm on 12 October 2015. The Agent responded at 2.33 pm on 13 October 2015 as follows:
"… Warren has received all your emails but has chosen not to respond to them and I do apologise on his behalf for him wasting your valuable time. Kind regards."
Neither the Industrial Registry nor my Chambers has received any contact from the Appellant since that e-mail of 12 October 2015. In those circumstances I am left with no alternative but to to dismiss the Appellant's Appeal in WC/2015/123 pursuant to s 331(b) of the Industrial Relations Act 1999 as further proceedings by the Commission is not desirable in the public interest.
I also dismiss the Appellant's Appeal in WC/2015/123 pursuant to r 45 of the Industrial Relations (Tribunals) Rules 2011 given that the Appellant has received the Further Directions Order dated 21 July 2015 and has failed to comply with the nine directions required of him, including his failure to attend the Mention on 1 October 2015 and his failure to attend the Hearing of the Appeal commencing on 12 October 2015. No excuse, reasonable or otherwise, has been given by the Appellant for his non-compliance with the directions.
I make no order as to costs.
Order accordingly.
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