UPVC Window Solutions Pty Ltd v Workers Compensation Nominal Insurer (icare)

The case of UPVC Window Solutions Pty Ltd v Workers Compensation Nominal Insurer (icare) involved a dispute regarding the applicability of workers' compensation to a claimant who had suffered a stroke while working. The matter was heard in the Workers Compensation Commission of New South Wales. The primary issue before the court was whether the claimant qualified as a 'worker' under the Workers Compensation Act 1987, considering the oral nature of their contract with the employer. The court also had to determine if the stroke injury met the criteria for compensation and whether the claimant was a 'deemed worker' as per the relevant legislative provisions.

The court began by examining the nature of the claimant's employment, considering recent High Court decisions such as Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd and ZG Operations Australia Pty Ltd v Jamsek, which provided guidance on the interpretation of 'worker' in the context of oral contracts. It was crucial to ascertain whether the claimant's activities were integral to the employer's business operations. Additionally, the court needed to address whether the stroke qualified as a'stroke injury' under section 9B of the Act, a question influenced by prior cases such as De Silva v Secretary, Department of Finance, Services and Innovation. The court also scrutinised the procedural fairness of credit findings and cross-examination in the Commission, drawing on decisions like Aluminium Louvres & Ceilings Pty Ltd v Zheng and Pollard v RRR Corporation Pty Ltd.

In its reasoning, the court confirmed that the claimant was indeed a 'worker' under the Workers Compensation Act 1987, given the oral contract and the integral nature of their work to the employer's business. The court held that the stroke suffered by the claimant qualified as a compensable 'stroke injury'. Furthermore, the court clarified the application of the term 'deemed worker' by referencing authorities such as Humberstone v Northern Timber Mills and Dranichnikov v Minister for Immigration & Multicultural Affairs. Ultimately, the court confirmed the Certificate of Determination dated 6 April 2022, affirming the claimant's entitlement to workers' compensation.

The final order of the court was to confirm the Certificate of Determination dated 6 April 2022, recognising the claimant's status as a 'worker' and their entitlement to compensation for the stroke injury.