Williams v Sutherland Shire Council - [2022] NSWPIC 498

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Williams v Sutherland Shire Council [2022] NSWPIC 498
APPLICANT:	Jeffrey David Williams
RESPONDENT:	Sutherland Shire Council
PRINCIPAL Member:	Josephine Bamber
DATE OF DECISION:	7 September 2022
CATCHWORDS:	WORKERS COMPENSATION - Claim for weekly compensation in relation to the applicant’s left knee involving consideration as to whether injuries before and after 30 June 1985 contributed to incapacity for employment in period 3 November 2017 to 26 December 2017; Held – the applicant sustained a personal injury to his left knee on 10 June 1979 which has caused incapacity for employment in the period 3 November 2017 to 26 December 2017; the applicant also sustained an injury under section 4(b)(ii) of the Workers Compensation Act 1987 (1987 Act) as a result of the aggravation of the disease in the left knee with the deemed date of injury of 29 August 2006 which has caused incapacity for employment in the period 3 November 2017 to 26 December 2017; the respondent is liable to pay the applicant weekly compensation in the period 3 November 2017 to 26 December 2017 at the rate of $478 per week; pursuant to section 22 of the 1987 Act there is to be an apportionment of the respondent’s liability in the amount of 50% in respect of the injury on 10 June 1979 and 50% in respect of the disease injury; pursuant to section 22A (5)(b) of the 1987 Act the respondent in the interest of the self-insurer is to pay to the applicant weekly compensation in the period 3 November 2017 to 26 December 2017 at the rate of $478 per week; pursuant to section 22A(4) of the 1987 Act the respondent in the interests of IGF is to pay to the self-insurer 50% of the award of weekly compensation; there is to be an award for the respondent in the interests of its insurers AAI Limited t/as GIO, Allianz Australia Ltd and Employers Mutual Limited.
determinations made:	1. The applicant sustained a personal injury to his left knee on 10 June 1979 which has caused incapacity for employment in the period 3 November 2017 to 26 December 2017. 2. The applicant also sustained an injury under s 4(b)(ii) of the Workers Compensation Act 1987 as a result of the aggravation of the disease in the left knee, with the deemed date of injury of 29 August 2006, which has caused incapacity for employment in the period 3 November 2017 to 26 December 2017. 3. The respondent is liable to pay the applicant weekly compensation in the period 3 November 2017 to 26 December 2017 at the rate of $478 per week. 4. Pursuant to s 22 of the Workers Compensation Act 1987 there is to be an apportionment of the respondent’s liability in the amount of 50% in respect of the injury on 10 June 1979 and 50% in respect of the disease injury. 5. Pursuant to s 22A (5)(b) of the Workers Compensation Act 1987 the respondent in the interest…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2022] NSWPIC 498
Decision Date: 7 September 2022

CaseChat Overview and Summary

The case of Williams v Sutherland Shire Council involved a dispute regarding workers' compensation for injuries sustained by the applicant, Williams. Williams sought compensation for his left knee injuries, focusing on the period from 3 November 2017 to 26 December 2017. The Sutherland Shire Council, as the employer, contested the claim, arguing that the injuries did not qualify for compensation or that any compensation should be apportioned differently. The court was tasked with determining whether Williams' injuries, both those incurred before and after 30 June 1985, contributed to his incapacity for work during the specified period.

The primary legal issue before the court was whether Williams' left knee injuries, which dated back to 10 June 1979, and the aggravation of a disease in the left knee on 29 August 2006, qualified as compensable injuries under the Workers Compensation Act 1987. Specifically, the court had to ascertain whether these injuries contributed to Williams' incapacity for employment from 3 November 2017 to 26 December 2017, and if so, how liability should be apportioned among the employer, the self-insurer, and other insurers. The court also needed to determine the appropriate weekly compensation rate and whether the employer's liability should be apportioned between the initial injury and the aggravation of the disease.

The court found that Williams had sustained a personal injury to his left knee on 10 June 1979, which caused incapacity for employment from 3 November 2017 to 26 December 2017. Additionally, it was determined that Williams had suffered an injury due to the aggravation of the disease in his left knee on 29 August 2006, also causing incapacity for employment during the same period. The court ruled that the Sutherland Shire Council was liable for weekly compensation at the rate of $478 per week. The court ordered an apportionment of the Council's liability, with 50% attributable to the initial injury on 10 June 1979 and 50% to the disease injury on 29 August 2006. Furthermore, the court mandated that the Council, in the interests of the self-insurer, pay weekly compensation, and in the interests of its insurers, it was required to pay 50% of the award of weekly compensation.

The court also made specific orders for the Sutherland Shire Council to pay Williams weekly compensation at the rate of $478 per week for the period from 3 November 2017 to 26 December 2017. The Council was required to pay 50% of this compensation in the interest of the self-insurer, and 50% of the weekly compensation was to be paid by the Council to its insurers, AAI Limited t/as GIO, Allianz Australia Ltd, and Employers Mutual Limited. These orders were made pursuant to sections 22, 22A(4), and 22A(5)(b) of the Workers Compensation Act 1987.

Orders