QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Townsend v Workers' Compensation Regulator [2022] QIRC 105 |
PARTIES: | Townsend, Shane (Appellant) v Workers' Compensation Regulator (Respondent) |
CASE NO.: | WC/2020/14 |
PROCEEDING: | Appeal against decision of the Workers' Compensation Regulator |
DELIVERED ON: | 25 March 2022 |
HEARING DATES: | 1, 2, 3, 4 and 5 March 2021 |
MEMBER: HEARD AT: | Merrell DP Brisbane |
ORDERS: | 1. Pursuant to s 558(1)(c) of the Workers' Compensation and Rehabilitation Act 2003: (a) the review decision of the Respondent is set aside; and (b) another decision is substituted, namely, that the Appellant suffered an injury within the meaning of s 32 of the Workers' Compensation and Rehabilitation Act 2003. 2. Pursuant to r 41(1) of the Industrial Relations (Tribunals) Rules 2011: (a) the parties are to exchange and file written submissions on the costs of the hearing (of no more than two (2) pages, 12‑point font size, line and a‑half spacing with numbered paragraphs and pages) by 4.00 pm on Friday, 8 April 2022; and (b) unless otherwise ordered, the decision on costs be determined on the papers. |
| CATCHWORDS: | WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - appeal against review decision of Respondent - Appellant employed as a Senior Support Worker, then Operational Manager and then Director of a company that provides support services to persons who suffer from disabilities - Appellant suffered a psychiatric injury - where Appellant claims injury caused by verbal abuse and other conduct by his supervisor - whether Appellant's injury arose out of, or in the course of, Appellant's employment - whether Appellant's employment was the major significant contributing factor to Appellant's injury - whether Appellant's injury excluded under s 32(5)(a) of the Workers' Compensation and Rehabilitation Act 2003 - Appellant's injury arose out of, or in the course of, employment and Appellant's employment was the major significant contributing factor to Appellant's injury - Appellant's injury did not arise out of, or in the course of, reasonable management action taken in a reasonable way in connection with the Appellant's employment - review decision of Respondent set aside and another decision substituted, namely, that the Appellant suffered an injury within the meaning of s 32 of the Workers' Compensation and Rehabilitation Act 2003 - parties to be heard as to costs |
| LEGISLATION: | Acts Interpretation Act 1954, s 14 and s 14D Industrial Relations (Tribunals) Rules 2011, r 41 Workers' Compensation and Rehabilitation Act 2003, s 11, s 32, s 132A, s 179 and s 558 Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2019, s 34 |
| CASES: | Allwood vWorkers' Compensation Regulator [2017] QIRC 088 Armagas Lt v Mundogas SA (The Ocean Frost) [1985] 1 Lloyd's Rep 1 Camden v McKenzie [2007] QCA 136; (2008) 1 Qd R 39 Campbell v Campbell [2015] NSWSC 784; (2015) 16 ASTLR 36 Church v Simon Blackwood (Workers' Compensation Regulator) [2015] ICQ 031 Crime & Misconduct Commission v Assistant Commissioner JP Swindells & Ors [2009] QSC 409 Deanne Maree King v Workers' Compensation Regulator [2019] QIRC 134 |
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- Townsend v Workers' Compensation Regulator [2022] QIRC 105
- Case
- [2022] QIRC 105
- Decision Date
CaseChat Overview and Summary
The court examined the evidence and submissions from both parties. It found that the Appellant's injury arose out of or in the course of his employment, and that his employment was a significant contributing factor to his injury. The court also concluded that the injury did not arise out of or in the course of reasonable management action taken in a reasonable way in connection with the Appellant's employment. Therefore, the review decision of the Respondent was set aside, and another decision was substituted, namely, that the Appellant suffered an injury within the meaning of section 32 of the Workers' Compensation and Rehabilitation Act 2003. The parties were to be heard as to costs.
Orders
Orders of the court
1. Pursuant to s 558(1)(c) of the Workers' Compensation and Rehabilitation Act 2003:
(a) the review decision of the Respondent is set aside; and
(b) another decision is substituted, namely, that the Appellant suffered an injury within the meaning of s 32 of the Workers' Compensation and Rehabilitation Act 2003.
2. Pursuant to r 41(1) of the Industrial Relations (Tribunals) Rules 2011:
(a) the parties are to exchange and file written submissions on the costs of the hearing (of no more than two (2) pages, 12‑point font size, line and a‑half spacing with numbered paragraphs and pages) by 4.00 pm on Friday, 8 April 2022; and
(b) unless otherwise ordered, the decision on costs be determined on the papers.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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