The Presbyterian Church (New South Wales) Property Trust v Pingol

The Presbyterian Church (New South Wales) Property Trust appealed against an Arbitrator's decision finding that the respondent, Mr Pingol, had sustained a compensable injury and was entitled to workers' compensation. The dispute arose from Mr Pingol's claim for compensation following an incident at work where he injured his back. The case was heard in the New South Wales Court of Appeal.

The legal issues before the court were the weight to be attached to Mr Pingol's evidence of injury, the requirement for notice of injury, and the time within which a claim for compensation must be made. The court considered the provisions of sections 254 and 261 of the Workplace Injury Management and Workers Compensation Act 1998. The court also considered the evidence provided by Mr Pingol and the Presbyterian Church regarding the incident and the subsequent injury.

The court found that Mr Pingol's evidence, while not corroborated by other witnesses, was sufficient to establish that he had sustained a compensable injury. The court rejected the employer's argument that the claim was time-barred and found that the notice of injury was sufficient. The court confirmed the findings made by the Arbitrator and the orders made in the Certificate of Determination dated 19 August 2014. The appeal was dismissed, and no order as to costs was made.