Legal Research
Cases
Trad v Chubb Fire & Security Pty Ltd

Trad v Chubb Fire & Security Pty Ltd

Case [2023] NSWPIC 28 24 January 2023

Type to search within this case.

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Trad v Chubb Fire & Security Pty Ltd [2023] NSWPIC 28
APPLICANT:	Mark Trad
RESPONDENT:	Chubb Fire & Security Pty Ltd
Member:	Rachel Homan
DATE OF DECISION:	24 January 2023
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly compensation and incurred section 60 expenses; applicant sustained an accepted injury to his left knee and leg in the course of employment when walking across a carpark to repair equipment in a bus parked in the carpark; whether the employment concerned was a substantial contributing factor to the injury pursuant to section 9A; whether the applicant stepped in a ditch or was simply walking when injured; Held – employment was a substantial contributing factor to the injury; award for the applicant.
determinations made:	1. The applicant sustained a personal injury in the course of his employment pursuant to s 4(a) of the Workers Compensation Act 1987. 2. The employment concerned was a substantial contributing factor to the injury pursuant to s 9A of the Workers Compensation Act 1987. 3. The parties have agreed on a pre-injury average weekly earnings figure of $1,302.99 (as indexed from time to time).
orders made:	1. The respondent to pay the applicant weekly compensation from 1 April 2022 to date as follows: (a) from 1 April 2022 to 7 April 2022, the amount of $480.56 per week; (b) from 8 April 2022 to 21 April 2022, the amount of $1,062.82 per week; (c) from 22 April 2022 to 28 April 2022, the amount of $929.06 per week; (d) from 29 April 2022 to 12 May 2022, the amount of $480.56 per week; (e) from 13 May 2022 to 22 September 2022, the amount of $221.78 per week; (f) from 23 September 2022 to 29 September 2022, the amount of $0 per week, and (g) from 30 September 2022 to date and ongoing, the amount of $200.87 per week. 2. The respondent to have credit for any payments made to date and for the payment of any sick leave pursuant to s 50 of the Workers Compensation Act 1987. 3. The respondent to pay the applicant’s reasonably necessary medical and related treatment expenses, incurred to date, in accordance with s 60 of the Workers Compensation Act 1987, upon production of accounts, receipts and/or valid Medicare Notice of Charge.

STATEMENT OF REASONS

BACKGROUND

Mr Mark Trad (the applicant) was employed by Chubb Fire & Security Pty Ltd (the respondent) as a service technician.
On 20 January 2022, the applicant was in the course of his employment at Mount Druitt Hospital when he injured his left knee and leg whilst walking across a carpark.
Liability to pay compensation for the injury was disputed by the respondent’s insurer in a notice issued pursuant to s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) on 4 April 2022.
The decision to dispute liability was maintained following internal review in a further notice issued…

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.

Continue reading Trad v Chubb Fire & Security Pty Ltd

Details

AGLC: Trad v Chubb Fire & Security Pty Ltd [2023] NSWPIC 28
Case: [2023] NSWPIC 28
Decision Date: 24 January 2023

CaseChat Overview and Summary

The case of Trad v Chubb Fire & Security Pty Ltd involved a worker, Trad, who claimed weekly compensation and incurred section 60 expenses under the Workers Compensation Act 1987. Trad sustained an accepted injury to his left knee and leg while walking across a carpark to repair equipment in a bus parked in the carpark. The dispute centered on whether Trad’s employment was a substantial contributing factor to the injury as required by section 9A of the Act. Additionally, there was contention about the exact circumstances of the injury, whether it occurred when Trad stepped in a ditch or during the ordinary course of his walking.

The court was required to determine if the employment was a substantial contributing factor to the injury, as stipulated by section 9A of the Workers Compensation Act 1987. The court also needed to resolve the factual dispute about the exact circumstances of the injury. This included examining whether Trad stepped into a hidden ditch or was simply walking when the injury occurred.

The court found that Trad's employment was indeed a substantial contributing factor to the injury. It concluded that the injury occurred while Trad was walking across the carpark, which was part of his employment duties. The court accepted that the injury was related to the work environment and activities associated with his employment. Consequently, the court awarded compensation to Trad for the injury he sustained.

The court ordered that Trad be granted weekly compensation and reimbursement of incurred section 60 expenses. This decision confirmed that the injury was related to his employment and that Trad was entitled to the compensation sought under the Workers Compensation Act 1987.

Orders