Williams v Colin Joss & Co Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Williams v Colin Joss & Co Pty Ltd [2024] NSWPIC 344

APPLICANT:

Angela Williams

RESPONDENT:

Colin Joss & Co Pty Ltd

MEMBER:

Jacqueline Snell

DATE OF DECISION:

28 June 2024

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; the applicant claims weekly compensation and medical and related treatment expenses resulting from primary psychological injury sustained in the course of her employment with the respondent; the applicant’s claim is declined with defence raised under section 11A(1) with respect to discipline and/or dismissal; Held – the applicant’s injury was not wholly or predominantly caused by reasonable action taken or proposed to be taken by the respondent with respect to discipline and/or dismissal; the applicant has had no current capacity for work between 12 October 2021 and 12 October 2022 and has entitlement to weekly compensation payable under sections 36 and s 37; as the applicant requires medical and related treatment for her injury, the applicant has an entitlement to compensation payable under section 60.

DETERMINATIONS MADE:

The Commission determines:

1.     The applicant’s primary psychological injury was not wholly or predominantly caused by reasonable action taken or proposed to be taken by the respondent with respect to discipline and/or dismissal.

2.     The applicant has had no current capacity for work between 12 October 2021 and 12 October 2022 resulting from her injury. The applicant’s pre-injury average weekly earnings are agreed to be $1,661.11. The applicant has entitlement to weekly benefits payable under the Workers Compensation Act 1987 as follows (with credit to the respondent for benefits paid to the applicant during the period 12 October 2021 and 12 October 2022):

a.     $1,578.05 payable under s 36 (1), and

b.     $1,328.89 payable under s 37(1) (to be indexed)

3. The applicant has entitlement to medical and related treatment expenses payable under s 60 of the Workers Compensation Act 1987, including the costs of consultations with her general practitioner particularised in the sum of $1,288.40.

STATEMENT OF REASONS

BACKGROUND

1. Angela Williams (Ms Williams), the applicant, alleges she sustained primary psychological injury in the course of her employment with Colin Joss & Co Pty Ltd (Joss), the respondent, with deemed date of injury of 12 August 2021. Ms Williams was previously employed by Joss, working as a cleaner on a part time basis. Ms Williams duties included cleaning in schools. Ms Williams is currently 70 years of age.

2. Ms Wiliams claims weekly compensation payable under s 36 and s 37 of the Workers Compensation Act 1987 (1987 Act) from 12 October 2021 to 12 October 2022 on the basis she has had no current capacity for work during this period. Ms Williams also claims the cost of medical and related treatment expenses payable under s 60 of the 1987 Act for her injury.

3. The circumstances of Ms Williams’ injury are described in the following terms:

   “…the injury occurred as a result of events arising out of, or in the course of employment concerning the direction to be vaccinated…