Spinks v Campbell Page Limited - [2021] NSWPIC 380

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Spinks v Campbell Page Limited [2021] NSWPIC 380
APPLICANT:	Mitchell Spinks
RESPONDENT:	Campbell Page Limited
MEMBER:	John Isaksen
DATE OF DECISION:	28 September 2021
CATCHWORDS:	WORKERS COMPENSATION - Claim for weekly payments, medical expenses and permanent impairment for psychological injury; whether the worker sustained a disease injury pursuant to section 4(b) of the Workers Compensation Act 1987; reference to AV v AW and Kelly v Western Institute NSW TAFE Commission; whether events at work perceived by the worker to be hostile and the cause of an increase in psychological symptoms; Held – the worker’s employment was the main contributing factor to the aggravation of an underlying psychological disease; award of weekly payments of compensation, medical expenses and referral for assessment of permanent impairment.
DETERMINATIONS MADE:	1. The applicant sustained a psychological injury in the course of his employment with the respondent by way of a disease injury pursuant to section 4 (b)(ii) of the Workers Compensation Act 1987, with a deemed date of injury of 28 February 2020. 2. The applicant has had no current work capacity since 26 September 2020. 3. The date of the injury for the claim for a lump sum payment pursuant to section 66 of the Workers Compensation Act 1987 is 1 June 2021.
ORDERS MADE:	1. The respondent is to pay the applicant weekly payments of compensation at the rate of $760 per week from 26 September 2020 to date and continuing pursuant to section 37 (1) of the Workers Compensation Act 1987, with variations of that award as provided for by section 82A of the same Act. 2. The respondent is to pay the applicant’s reasonably necessary medical expenses for treatment for his psychological injury pursuant to section 60 of the Workers Compensation Act 1987. 3. This matter is remitted to the President for referral to a Medical Assessor as follows: Date of injury: 1 June 2021 Body Part: Psychological injury Method of Assessment: Whole Person Impairment 4. The following documents are to be forwarded to the Medical Assessor: (a) the Application to Resolve a Dispute and attached documents; (b) Reply and attached documents; (c) Application to Admit Late Documents filed by the applicant on 3 September 2021; (d) Application to Admit Late Documents filed by the respondent on 8 September 2021, and (e) a copy of this decision.

STATEMENT OF REASONS

BACKGROUND

The applicant, Mitchell Spinks, claims that he sustained a psychological injury in the course of his employment as a Candidate Coordinator with the respondent, Campbell Page Limited.
The applicant ceased work on 28 February 2020 and was paid weekly payments of compensation until 25 September 2020.
Icare issued a dispute notice on behalf of the respondent on 31 August 2020 wherein liability was disputed on the basis that the applicant’s employment was not a substantial contributing factor to his injury.
The applicant claims that he has continued to have no current work capacity since 25 September 2020. The applicant also seeks an…

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: [2021] NSWPIC 380
Decision Date: 28 September 2021

CaseChat Overview and Summary

In the case of Spinks v Campbell Page Limited, the claimant sought weekly payments, medical expenses, and compensation for permanent impairment resulting from psychological injury. The dispute was heard in the workers compensation tribunal. The central issue before the court was whether the claimant's psychological injury was a disease injury under section 4(b) of the Workers Compensation Act 1987, and if so, whether the events at work were the primary cause of the aggravation of this condition. This determination required the court to consider the precedent set by cases such as AV v AW and Kelly v Western Institute NSW TAFE Commission.

The court examined whether the claimant's employment was the main contributing factor to the exacerbation of an underlying psychological condition. The evidence suggested that the events at work, which the claimant perceived as hostile, contributed significantly to an increase in psychological symptoms. The court found that the claimant's psychological injury was indeed a disease injury and that the workplace events were the primary cause of the aggravation of this condition. Therefore, the claimant was entitled to weekly payments of compensation, medical expenses, and a referral for assessment of permanent impairment.

In conclusion, the tribunal awarded the claimant weekly payments of compensation, medical expenses, and ordered a referral for assessment of permanent impairment, recognising that the claimant's employment was the main contributing factor to the aggravation of their psychological condition.

Orders