StateCover Mutual Ltd v Cameron

[2014] NSWWCCPD 49

WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
Status: Notice of Appeal to the Court of Appeal filed on 30 October 2014
CITATION:	StateCover Mutual Ltd v Cameron [2014] NSWWCCPD 49
APPELLANT:	StateCover Mutual Ltd
FIRST RESPONDENT:	Rebecca Cameron
SECOND RESPONDENT:	AAI Ltd t/as GIO
EMPLOYER:	Greater Taree City Council
FILE NUMBER:	A1-559/13
ARBITRATOR:	Mr B Batchelor
DATE OF ARBITRATOR’S DECISION:	16 April 2014
DATE OF APPEAL DECISION:	4 August 2014
SUBJECT MATTER OF DECISION:	Claim for lump sum death benefit; disease contracted by a gradual process; melanoma; whether Arbitrator erred in relying on hearsay evidence; Commission not bound by the rules of evidence; Pt 15 r 15.2 of the Workers Compensation Commission Rules 2011; whether employment a substantial contributing factor to the contraction of the disease; interpretation of special insurance provisions relating to occupational diseases; ss 4(b)(i), 15(1)(b) and 18(1) of the Workers Compensation Act 1987; relevance of s 151AB of Workers Compensation Act 1987 in a claim for workers’ compensation benefits
PRESIDENTIAL MEMBER:	Deputy President Bill Roche
HEARING:	On the papers
REPRESENTATION:	Appellant:	David Allen Legal
First Respondent: Second Respondent:	Carroll & O’Dea Lawyers Thompson Cooper Lawyers
ORDERS MADE ON APPEAL:	1.       The Arbitrator’s determination of 16 April 2014 is confirmed. 2.       The appellant, StateCover Mutual Ltd, is to pay the respondents’ costs of the appeal, as agreed or assessed.

INTRODUCTION

1. This appeal concerns a claim for a lump sum death benefit under s 25 of the Workers Compensation Act 1987 (the 1987 Act). The basis of the claim is that the deceased worker died from skin cancer, a disease found to have been contracted in the course of his employment and to which his employment was a substantial contributing factor due to exposure to sunlight over several years of work outdoors with the relevant employer.

BACKGROUND

1. The applicant before the Arbitrator, Rebecca Cameron, who is the first respondent on appeal, is the eldest daughter of Alan Steere (the deceased) who died on 19 July 2011 from metastatic melanoma. She has claimed the lump sum death benefit as the deceased’s legal personal representative.

2. Greater Taree City Council (the Council) (and its predecessor, Manning Shire Council), employed the deceased between 6 May 1974 and 25 February 2011 (though he stopped working on 20 June 2008). Over that period, the deceased held the following positions with the Council:

   (a)     from 1974 to 1984 he worked as a crane driver on the bridge crew, working on bridge repairs and also curbing and guttering;

   (b)     from 1984 to 1986 he worked as the yardman/storeman at the Council depot;

   (c)     from 1986 to 1991 he worked as a senior storekeeper;

   (d)     from 1991 to 1999 he worked as the supervisor of central supply services, and

   (e)     from 1999 until he stopped work in 2008 he worked as a purchasing officer.

3. From 1983 until 2011, the Council had three insurers:

   (a)     from 31 December 1983 to 31 December 1986 – AAI Ltd t/as GIO (the…