SMITH -v- WA PLANTATION RESOURCES PTY LTD [2017] WADC 8

Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2017] WADC 8
Case No:	APP:64/2016	Heard:	19 DECEMBER 2016
Coram:	TROY DCJ	Delivered:	27/01/17
Location:	PERTH
No of pages:	21	Judgment Part:	1 of 1
Result:	Appeal allowed in part
PDF Version

Parties:	STEPHEN JAMES SMITH WA PLANTATION RESOURCES PTY LTD
Catchwords:	Workers' compensation Appeal Error of law Causal connection between injury and incapacity Reasonable expenses for surgical treatment
Legislation:	Workers' Compensation and Injury Management Act 1981 (WA) s 3(a), s 5(1), s 21, s 58(1)(b)(i), s 247 sch 1 cl 9, cl 17, cl 19
Case References:	Barrick Gold of Australia Pty Ltd v Aaron Charles Green (Unreported, CM 98/03 (Hogan PM) 18 December 2003) BHP Billiton Iron Ore Pty Ltd v Brady [2008] WASCA 250 Byrne v The Owners of Ceresa River Apartments Strata Plan 55597 [2016] WASC 153 Catholic Education Office of WA v Granitto [2012] WASCA 266 Cole v P & O Ports Ltd [2002] WASCA 157 Comcare Australia v Rope (2004) 135 FCR 443 Commonwealth v Butler (1958) 102 CLR 465 Department of Education v Azmitia [2015] WASCA 246 Graham v Comcare [2007] AATA 1715 Hawker Pacific Pty Ltd v Lang [2015] WASCA 256 Hetherington v Amalgamated Collieries Ltd (1939) 62 CLR 317 Highmoon Pty Ltd v City of Fremantle [2006] WASCA 21 Jacqueline Pedley v West Coast College of TAFE [2006] WACC C21-2006 Kanowna Belle Goldmines v Feierabend [2003] WASCA 246 Kooragang Cement Pty Ltd v Bates (1994) 35 NSWLR 452. Leggett v Argyle Diamond Mines Pty Ltd [2000] WASCA 182 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Massih v Electricity Networks Corporation t/a Western Power [2016] WADC 146 Minter Ellison Services Pty Ltd v Kotzman [2012] VSC 375 Napier v BHP Billiton (Worsley Alumina) Pty Ltd (2015) 49 WAR 243 Pacific Industrial Co v Jakovljevic [2008] WASCA 60 Rosmini v Chrysler Australia Ltd (1973) 6 SASR 212 Secretary to the Department of Premier and Cabinet v Hulls [1999] 3 VR 331 Stuart Wilson v Bentley Health Service [2007] WACC C31-2007 Ward v Corrimal-Balgownie Collieries (1938) 61 CLR 120

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : SMITH -v- WA PLANTATION RESOURCES PTY LTD [2017] WADC 8 CORAM : TROY DCJ HEARD : 19 DECEMBER 2016 DELIVERED : 27 JANUARY 2017 FILE NO/S : APP 64 of 2016 BETWEEN : STEPHEN JAMES SMITH

Plaintiff

AND

WA PLANTATION RESOURCES PTY LTD

Defendant

ON APPEAL FROM:

Jurisdiction : WORKERS' COMPENSATION ARBITRATION SERVICE (WA)

Coram : ARBITRATOR FLETCHER

File No : A 20341 of 2016

Catchwords:

Workers' compensation - Appeal - Error of law - Causal connection between injury and incapacity - Reasonable expenses for surgical treatment

Legislation:

Workers' Compensation and Injury Management Act 1981 (WA) s 3(a), s 5(1), s 21, s 58(1)(b)(i), s 247 sch 1 cl 9, cl 17, cl 19

Result:

Appeal allowed in part

Representation:

Counsel:

Plaintiff : Mr M Lourey

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2017] WADC 8
Decision Date: 27 JANUARY 2017

CaseChat Overview and Summary

In this matter, Smith, the appellant, sought to appeal a decision of the Workers Compensation Commissioner that had dismissed his claim for compensation against his employer, WA Plantation Resources Pty Ltd. Smith had suffered an injury at work and sought to recover compensation under the workers' compensation legislation, including for the cost of surgical treatment. The Commissioner found that there was no causal connection between the work-related injury and Smith's incapacity, and that Smith was not entitled to compensation for the cost of surgery, which had not been pre-authorised. Smith appealed to the court, arguing that the Commissioner had erred in his findings.

The court considered the nature of the appeal, which was limited to errors of law, and whether the Commissioner's findings were supported by the evidence. The court noted that the Commissioner had found that Smith had not satisfied the onus of proof regarding the causal connection between the injury and his incapacity, and that the Commissioner had not erred in his assessment of the evidence. However, the court found that the Commissioner had erred in his assessment of the reasonable expenses claim, as the evidence did not support a finding that Smith had not acted reasonably in incurring the expense of surgery. The court found that the Commissioner had failed to consider the evidence that the surgery was necessary and reasonable, and that Smith was entitled to compensation for the cost of the surgery.

The court allowed the appeal in part, setting aside the Commissioner's decision regarding the reasonable expenses for surgical treatment and remitting the matter to the Commissioner for reconsideration in light of the court's findings. The court upheld the Commissioner's findings regarding the causal connection between the injury and Smith's incapacity, and found that the Commissioner's decision in that regard was not subject to appeal. The final orders of the court were that the appeal be allowed in part, and that the matter be remitted to the Commissioner for reconsideration of the claim for reasonable expenses for surgical treatment.

Orders

Orders of the court

Appeal allowed in part

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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