Wijanto v Metcash Trading Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Wijanto v Metcash Trading Ltd [2021] NSWPIC 345

APPLICANT:

Jessie Wijanto

RESPONDENT:

Metcash Trading Ltd

MEMBER:

Kerry Haddock

DATE OF DECISION:

13 September 2021

CATCHWORDS:

WORKERS COMPENSATION - Claim for weekly benefits, medical expenses, permanent impairment compensation and interest on weekly benefits as a result of psychological injury; respondent relied on section 11A of the Workers Compensation Act 1987, being actions with respect to retrenchment or dismissal; applicant accepted redundancy while on maternity leave that had commenced 12 months before; dispute as to main contributing factor; incapacity, including effect of applicant’s maternity leave; claim that respondent contravened sections 278 and 283 of the Workplace Injury Management and Workers Compensation Act 1998 (1998 Act), but no submissions by applicant on this issue; application of AV v AW, Ponnan v George Weston Foods Ltd, Miller v NSW Police Service (No 2), Haidary v Wandella Pet Foods Pty Limited, Dynamix Pty Ltd and Burragong Pet Foods Pty Ltd, and Kaur v Thales Underwater Systems Pty Ltd; Held - employment was main contributing factor to disease injury; the applicant’s injury was not wholly or predominantly caused by the respondent’s actions with respect to retrenchment or dismissal, which were in any event not reasonable; the applicant has had capacity for work since 27 July 2020, working in family business; the applicant’s entitlement to weekly benefits is not affected by maternity leave; award for the applicant for weekly benefits and medical expenses; claim for interest on weekly benefits declined as not possible to ascertain when claim duly made; the respondent did not contravene sections 278 and 283 of the 1998 Act; claim for permanent impairment compensation remitted to the President for referral to a Medical Assessor.

DETERMINATIONS MADE:

1.    That there is an award for the applicant of weekly benefits as follows:

(a) $1,759.87 per week from 4 February 2019 to 6 May 2019, pursuant to section 36 of the Workers Compensation Act 1987;

(b) $1,482 per week from 7 May 2019 to 26 July 2020, pursuant to section 37 of the Workers Compensation Act 1987;

(c) $1,164.56 per week from 27 July 2020 to 30 June 2021, pursuant to section 37 of the Workers Compensation Act 1987, and

(d) $1,156.72 per week from 1 July 2021, pursuant to section 37 of the Workers Compensation Act 1987.

2.    That the respondent is to have credit for weekly benefits paid.

3. That the application for interest on the award of weekly benefits, pursuant to section 109 of the Workplace Injury Management and Workers Compensation Act 1998 is refused.

4. That there is an award for the applicant pursuant to section 60 of the Workers Compensation Act 1987.

5.    That the claim for permanent impairment is remitted to the President for referral to a Medical Assessor for assessment of permanent impairment as a result of psychiatric/psychological injury deemed to have occurred on 4 February 2019.

6.    That the Medical Assessor is to be provided with the following: