WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:UPS Supply Chain Solutions Pty Limited v Kim [2007] NSWWCCPD 214
APPELLANT: UPS Supply Chain Solutions Pty Limited
RESPONDENT: Sang Soon Rosa Kim
INSURER:QBE Workers Compensation (NSW) Limited.
FILE NUMBER: WCC2158-07
DATE OF ARBITRATOR’S DECISION: 1 June 2007
DATE OF APPEAL DECISION: 23 October 2007
SUBJECT MATTER OF DECISION: Psychological injury; incapacity; weight of evidence; application of Sections 4, 9A and 11A of the Workers Compensation Act 1987.
PRESIDENTIAL MEMBER: Acting Deputy President Deborah Moore
HEARING:On the papers
REPRESENTATION: Appellant: McCulloch & Buggy
Respondent: Young & Muggleton.
ORDERS MADE ON APPEAL: 1. The decision of the Arbitrator dated 1
June 2007 is confirmed.
2.The Appellant is to pay the costs of the appeal.
BACKGROUND TO THE APPEAL
On 28 June 2007 UPS Supply Chain Solutions Pty Limited (‘the Appellant’) sought leave to bring an ‘Appeal Against Decision of an Arbitrator’ in the Workers Compensation Commission (‘the Commission’) against a decision of a Commission Arbitrator dated 1 June 2007.
The Respondent to the Appeal is Sang Soon Rosa Kim (‘the Respondent’).
The Respondent was born on 15 March 1952 in Korea. She came to Australia in 1982. She worked as a process worker at a shoe factory from 1985 to 1987 and then worked as a process worker at Estee Lauder for approximately 14 years until she was retrenched in March 2001.
She commenced employment with the Appellant as a Stock Administrator in April 2001. Her duties included picking, packing computer parts and driving a forklift. The Respondent stated that she was “… the only female employee”.
The Respondent claimed she commenced learning to use a forklift in about October 2005 and as a result of inadequate instructions, suffered anxiety. In an undated statement annexed to her ‘Application to Resolve a Dispute’ filed in the Commission on 28 March 2007, she documented other issues relating to difficulties with fellow employees (to which I will refer more fully below) as causing her to feel “… very harassed, intimidated, anxious and stressed…”.
These incidents, the Respondent claimed, caused her to begin “… to dread working …”.
The Respondent claimed that “in February/March 2006, I started really hating going to work …” and began suffering symptoms such as sleeplessness and sweating.
On the 27 April 2006 whilst travelling to work, the Respondent claimed that she suffered what has been described as a “panic attack”. Her symptoms included rapid heart beat, difficulties breathing, sweating and dizziness. She pulled the car over and made arrangements for a colleague to drive her to her general practitioner, Dr Kim. At a consultation on that date, Dr Kim prescribed Zoloft. The Respondent went home but due to continuing symptoms, went to Concord Hospital for further treatment.
She ceased work on 27 April 2006 and has not worked since.
The Respondent made a claim for compensation on the Appellant’s insurer, QBE Workers Compensation (NSW) Limited (‘QBE’) on 23 May 2007. Liability was…
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- Case
- [2007] NSWWCCPD 214
- Decision Date
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