Wong v Source Governance Pty Ltd - [2024] NSWPIC 667

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Wong v Source Governance Pty Ltd [2024] NSWPIC 667
APPLICANT:	Hau Yan (Isabella) Wong
RESPONDENT:	Source Governance Pty Ltd
MEMBER:	John Isaksen
DATE OF DECISION:	3 December 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly payments of compensation and medical expenses for psychological injury; whether employment is the main contributing factor to the contracting of a disease injury; consideration of AV v AW; extent of worker’s incapacity for a closed period of about six months; Held – worker sustained a psychological injury in the course of her employment by way of a disease injury pursuant to section 4 (b)(i); the worker was partially incapacitated for work for the period claimed by her; award of weekly payments of compensation for a closed period of about six months and the payment by the respondent of reasonably necessary medical expenses.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained a psychological injury in the course of her employment with the respondent by way of a disease injury pursuant to s 4 (b)(i) of the Workers Compensation Act 1987, with a deemed date of injury of 21 July 2023. 2. The applicant was partially incapacitated for work from 16 March 2024 to 30 September 2024 as a result of her psychological injury. The Commission orders: 3. The respondent is to pay weekly payments of compensation to the applicant as follows: (a) $1,294.25 per week from 16 March 2024 to 31 March 2024 pursuant to s 37 (1) of the Workers Compensation Act 1987 (the 1987 Act); (b) $1,324.20 per week from 1 April 2024 to 30 June 2024 pursuant to s 37 (1) of the 1987 Act; (c) $1,267.30 per week from 1 July 2024 to 31 July 2024 pursuant to s 37 (1) of the 1987 Act, and (d) $1,129 per week from 1 August 2024 to 30 September 2024 pursuant to s 37 (1) of the 1987 Act. 4. The respondent is to pay the applicant’s reasonably necessary medical treatment for her psychological injury pursuant to s 60 of the 1987 Act.

STATEMENT OF REASONS

BACKGROUND

Hau Yan (Isabella) Wong, the applicant in these proceedings, claims that she sustained a psychological injury while employed as an associate company secretary with the respondent, Source Governance Pty Ltd, in July 2023.
Ms Wong claims that she sustained a psychological injury in the course of her employment with the respondent as a result of having to meet unrealistic work expectations. She ceased work as a result of that injury on 21 July 2023.
Ms Wong was paid weekly payments of compensation until 15 March 2024. Liability for workers compensation benefits then ceased following a dispute notice issued by EML on behalf of the respondent on 29 February 2024. The respondent contends that the psychological injury sustained by Ms Wong is not covered by s 4 of the Workers Compensation Act 1987 (the 1987 Act), in particular that Ms Wong’s employment is not…

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.

Continue reading Wong v Source Governance Pty Ltd

Details

AGLC: Wong v Source Governance Pty Ltd [2024] NSWPIC 667
Case: [2024] NSWPIC 667
Decision Date: 3 December 2024

CaseChat Overview and Summary

In the matter of Wong v Source Governance Pty Ltd, the plaintiff sought compensation for a psychological injury she claimed to have sustained in the course of her employment. The plaintiff argued that her employment was the primary contributing factor to her contracting a disease injury, as defined by the Workers Compensation Act 1987. The primary dispute centred on whether the plaintiff's psychological injury was contracted in the course of her employment and whether she was entitled to weekly compensation payments and reimbursement of medical expenses. The case was heard and determined by the court of first instance.

The court was required to address several legal issues, including whether the plaintiff's psychological injury qualified as a disease injury under section 4(b)(i) of the Workers Compensation Act 1987. Additionally, the court had to determine the extent of the plaintiff's incapacity for work over a closed period of approximately six months and assess whether the employment was the main contributing factor to the psychological injury. The court also considered the relevant case law, including AV v AW, to determine the appropriate weight to be given to the evidence presented.

In reaching its decision, the court carefully examined the evidence and found that the plaintiff had indeed sustained a psychological injury in the course of her employment, which qualified as a disease injury under the Act. The court found that the plaintiff's employment was the main contributing factor to the contracting of the psychological injury. The court also accepted that the plaintiff was partially incapacitated for work for the period claimed by her. As a result, the court awarded the plaintiff weekly payments of compensation for the closed period of about six months and ordered the defendant to pay for reasonably necessary medical expenses.

The court's final orders included the payment of weekly compensation to the plaintiff for the six-month period, as well as the reimbursement of medical expenses by the defendant. This decision highlights the importance of establishing a clear causal link between the employment and the psychological injury when seeking workers' compensation in Australia.

Orders