Shao Wen Zheng v Guo Yong Yang & Ors

Shao Wen Zheng brought proceedings against Guo Yong Yang and others, seeking compensation under the Workers Compensation Act 1987 for injuries sustained in the course of his employment. The matter was referred to arbitration, and an initial determination was made on 4 August 2008. Shao Wen Zheng sought to appeal this determination, contending that the arbitrator had failed to consider certain issues relevant to the dispute. The court had to determine whether the arbitrator had acted in a manner that was procedurally unfair and whether the determination should be set aside or varied.

The court considered whether the arbitrator had denied Shao Wen Zheng a procedurally fair opportunity to be heard on the issues in dispute. The court examined the relevant provisions of the Act, particularly section 20, which outlines the powers of the arbitrator. The court also considered whether the arbitrator had failed to determine the issues in dispute as required by section 20. Ultimately, the court needed to decide whether the determination should be revoked, confirmed, or varied.

The court found that the arbitrator had indeed failed to address the issue of whether the work was performed under a contract of service, which was a material issue in dispute. The court held that this failure constituted a procedural unfairness, as it deprived Shao Wen Zheng of an opportunity to be heard on a matter that was relevant to his claim. The court further held that the arbitrator had failed to determine this issue, which was a breach of section 20 of the Act. Accordingly, the court revoked the relevant paragraphs of the arbitrator's determination and made new findings and orders.

The court ordered that the employer, Guo Yong Yang, was not insured as required by the Workers Compensation Act 1987 at the time of the applicant's injury. The court also found that Shao Wen Zheng had one child who was totally or mainly dependent on him for support. The court awarded compensation to Shao Wen Zheng, including weekly payments and payments for hospital and medical expenses. The court further ordered that the WorkCover Authority of NSW, acting for the Nominal Insurer, pay the compensation and costs awarded against Guo Yong Yang from the Workers Compensation Insurance Fund. The court also ordered that the employer reimburse the WorkCover Authority of NSW for amounts paid out of the Fund and for the costs of the WorkCover Authority of NSW. Finally, the court remitted the matter to the Registrar for referral to an Approved Medical Specialist for assessment of Shao Wen Zheng's whole person impairment.