St Andrews Village Ballina Limited v Mazzer

St Andrews Village Ballina Limited contested a claim by Mazzer, who sought compensation for an injury to her right shoulder sustained while performing an exercise program authorised by the insurer for an accepted injury to her left shoulder and neck. The dispute was heard by the Industrial Relations Commission of New South Wales. The primary legal issues before the Commission were whether Mazzer's injury to her right shoulder occurred during the course of her employment and, if so, whether she was entitled to compensation for the injury.

The Commission found that Mazzer's injury to her right shoulder did occur in the course of her employment, as it arose out of and in the course of her employment. The Commission also held that Mazzer was entitled to compensation for the injury, considering the principles set out in Johnston v Commissioner of Railways and Australian Wheat Board v Pantaleo. The Commission found that Mazzer intended to move to full-time employment but for her injury and that she should be compensated for the loss of her capacity to work full-time. The Commission revoked certain paragraphs of a previous Arbitrator's determination and made new orders for Mazzer to receive compensation for her injury to her right shoulder and for the assessment of her whole person impairment.

The final orders of the Commission included remitting Mazzer's claim for whole person impairment to the Registrar for referral to an Approved Medical Specialist for assessment. Additionally, the employer was ordered to pay Mazzer weekly compensation from specific dates, with the amount varying depending on the period.