Wilkinson v Stevensam Pty Ltd & Ors

[2005] QDC 339

DISTRICT COURT OF QUEENSLAND

CITATION:

Wilkinson v Stevensam Pty Ltd & Ors [2005] QDC 339

PARTIES:

PRISCILLA ROBERTA WILKINSON
Plaintiff
v
STEVENSAM PTY LTD
First Defendant
and
SAMANTHA ANN DICK and MARTIN LEONG
Second Defendants

FILE NO:

68 of 2004

PROCEEDING

Application for declarations

DELIVERED ON:

28 October 2005

DELIVERED AT:

Brisbane

HEARING DATES:

28 July and 27 October 2005

JUDGE:

Judge Brabazon QC

ORDER:

Declare District Court proceedings validly commenced.

CATCHWORDS:

WORKERS’ COMPENSATION – STATUTORY CONSTRUCTION – INTERPRETATION – Where the WorkCover Queensland Act 1996 was amended by the WorkCover Queensland Amendment Act 2001 – Where “an injury” or “an event” began prior to July 2001 and ended after July 2001 – Whether two different procedural regimes would apply to the same injury – Whether one injury, or multiple injuries of the same kind would have to be split into two claims.

WORKERS’ COMPENSATION – STATUTORY CONSTRUCTION – INTERPRETATION – Where a conditional damages certificate was issued  - Whether the conditional damages certificate was limited to injuries occurring to 30 June 2001.

WorkCover Queensland Act 1996 ss262,
WorkCover Queensland Amendment Act 2001 ss33, 34, 58, 588.

Re Reeves [2000] 2 Qd R 665
Rigney v Littlehales & Ors [2005] 2 QCA 252

COUNSEL:

Mr J Lee for the plaintiff

Mr M O’Sullivan for the defendants

SOLICITORS:

Keith Scott & Associates for the plaintiff

WorkCover Queensland for the defendants

The Issues

1. This application raises two main issues.  First, what is the effect of the amendments to the WorkCover Queensland Act in force on 1 July 2001, on a claim based on events before and after that date?  Secondly, is Mrs Wilkinson faced with an obstacle because the Conditional Damages Certificate does not cover any injury after 1 July 2001?

The Facts

1. On 23 November 2001, Mrs Wilkinson applied to WorkCover Queensland for compensation.  Her written application in the usual form said that she worked for the first defendant, Stevensam, from 24 April 2001 to 21 October 2001.  She was employed as a chef.  She said that the nature of her injury was, “stressed, nervous, unable to sleep”.

1. In answer to an earlier question, about how the injury happened, she replied, “Stress from physical and verbal abuse by Steven Leong”.  She described him as being involved in the event that caused her injury, as “Steven Leong (abuser)”.  She said that she stopped work because of that injury, on 21 October 2001.

1. She said that she first experienced symptoms in August 2001.  She consulted a doctor in October 2001.  At the end of the form, when she was asked for any supplementary details, she said this:

“Please note – all personal details e.g. current address and contact numbers must remain confidential for my personal safety.  I have made a police statement re physical abuse and threats. …”

1. On 14 January 2003, Mrs Wilkinson instructed her solicitor, Mr Scott, about what he describes as a “psychiatric injury sustained by her whilst employed by the respondents”.  He says he then commenced investigating a common…