Yamma Pty Ltd v Reid
[2006] NSWWCCPD 344
•15 December 2006
WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:Yamma Pty Limited v Reid [2006] NSWWCCPD 344
APPELLANT: Yamma Pty Limited
RESPONDENT: Anna Maria Reid
INSURER:Employers Mutual Indemnity (Workers Compensation) Limited
FILE NUMBER: WCC16386-05
DATE OF ARBITRATOR’S DECISION: 27 February 2006
DATE OF APPEAL DECISION: 15 December 2006
SUBJECT MATTER OF DECISION: Serious and wilful misconduct; ‘under the influence of alcohol’; interruption to a journey and ‘the risk of injury’ within the meaning of section 10 of the Workers Compensation Act 1987; adequacy of reasons; findings of incapacity and weight of evidence; failure to apply the ‘five steps’ in Mitchell; adequacy of evidence in respect of section 60 award.
PRESIDENTIAL MEMBER: Acting Deputy President Deborah Moore
HEARING:On the papers
REPRESENTATION: Appellant: Dutton Lawyers
Respondent: Paul Keady & Associates
ORDERS MADE ON APPEAL: A. The decision of the Arbitrator dated 27 February 2006 is revoked and the following decision made in its place:
1. That the Respondent (Yamma Pty
Limited) pay the Applicant (Anna Maria Reid) weekly compensation at the rate of $494.36 for the period 25/6/03 to 8/9/03 under s.36 of the Workers Compensation Act 1987.
2.That the Respondent pay the Applicant weekly compensation at the rate of $103.16 for the period 9/9/03 to 26/10/04 and from 5/11/04 to 10/1/06 under s.40 of the Workers Compensation Act 1987.
3.That the Respondent pay the Applicant weekly compensation at the rate of $60.00 per week from 11/1/06 to date and continuing under s.40 of the Workers Compensation Act 1987.
4.That the Respondent pay the Applicant’s section 60 expenses pursuant to the provisions of the Workers Compensation Act 1987 on production of accounts or receipts.
5.That the Respondent pay the Applicant’s costs as agreed or assessed
B.Yamma Pty Limited is to pay the costs of the appeal.
FOR ALL INFORMATION, REASONS, FINDINGS AND THE DETERMINATION OF THIS APPEAL SEE:
Reid v Yamma Pty Limited [2006] NSWWCCPD 343
DECISION:
The appeal is not successful for the reasons set out in Reid v Yamma Pty Limited [2006] NSWWCCPD 343.
COSTS:
Yamma Pty Limited is to pay the costs of this appeal.
Deborah Moore
Acting Deputy President
15 December 2006
I CERTIFY THAT THIS IS A TRUE AND ACCURATE RECORD OF THE REASONS FOR DECISION OF DEBORAH MOORE, ACTING DEPUTY PRESIDENT OF THE WORKERS COMPENSATION COMMISSION.
ASSOCIATE
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