Practice and procedure – whether grounds of appeal have any reasonable prospect of succeeding – application for leave to appeal – whether costs can be awarded against an unsuccessful worker on appeal under s.267 of the Workers’ Compensation and Injury Management Act 1981 (WA). Kezic v St John of God Health Care Inc [2015] WASCA 220 (6 November 2015).
November 10, 2015
Practice and procedure – whether appeal should be dismissed pursuant to r.43(2)(g)(i) of the Supreme Court (Court of Appeal) Rules 2005 (WA) – turns on own facts. Bonney v Compass Group (Australia) Pty Ltd [2015] WASCA 219 (5 November 2015).
November 10, 2015
Application for directions to set aside oders made by a Conciliation Officer – whether the Conciliation Officer misapprehended the law in his approach – whether the Conciliation Officer misapprehended the facts in his approach in determining a doctor was accredited to provide a permanent impairment assessment – whether the Conciliation Officer erred in finding that there was no undue delay – HELD: application for directions dismissed – s.88H(1)(c) of the Workers Rehabilitation and Compensation Act 1986. Patterson v Employers Mutual Limited (Pfeiffer Investments Australia Pty Ltd) [2015] SAWCT 46 (23 October 2015).
November 10, 2015
Prosecution – Plea of not guilty – Two counts – First count – Defendant being an employer failed to ensure so far as was reasonably practicable that its employee was, whilst at work, safe from injury and risks to health – Whilst at work the employee was attempting to straighten curtain fabric in a curtain press when the head of the curtain press closed unexpectedly on her hand and arm – Alleged failure by the defendant to provide and maintain so far as was reasonably practicable plant in a safe condition in that it failed to ensure that the operation of the Program Logic Controller was configured and programmed such that the activation of the head plate was configured as a “hold-to-run” for the entire operating cycle so that the total operating cycle is determined by the release of the “hold-to-run” – Or the air supply to the head plate did not remain active indefinitely or until such a time that it had to be manually reset – Second count – The defendant being an employer reused, repaired or removed plant connected with the occurrence of an immediately notifiable work-related injury without the permission of an Inspector – Held: Onus of proving charges as particularised not proved beyond reasonable doubt – Complaint and summons dismissed – S.19(1) Occupational Health, Safety and Welfare Act 1986, Regulation 418(2) Occupational Health, Safety and Welfare Regulations 2010. Symons v Karl Chehade Dry Cleaning Pty Ltd [2015] SAIRC 32 (5 November 2015).
November 10, 2015
WORKERS’ COMPENSATION – proceedings to obtain compensation – preliminary requirements – claims for compensation – failure to make claim within time – generally – where the decision of WorkCover to reject the appellant’s claim on the basis that it was out of time was reviewed by the respondent and set aside on the basis that the time limit was waived – where, on return of the claim to WorkCover for further assessment, WorkCover for further assessment, WorkCover rejected the claim on the basis that it was not an injury under the s.32 of the Workers Compensation and Rehabilitation Act 2003 – where the respondent upheld that decision on review – where the appellant appealed to the Commission – where the respondent requested the Commission determine a preliminary issue on review (whether the claim was out of time) – where the Commission found it had the power to determine the preliminary issue and found that the claim was out of time – whether the Commission had the power to determine whether the application for compensation was valid and enforceable. Church v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 31 (27 October 2015).
November 10, 2015
WORKERS’ COMPENSATION – proceedings to obtain compensation determination of claims – appeals, judicial review and stated cases – generally – where the appellant broke his arm at his workplace – where, on his return to work, he was offered a contract with reduced duties – where the appellant asserted that he had suffered a psychological injury as a result of his broken arm and the way in which his employer had treated him – whether the Commission erred in finding that there had been no submissions about the physical injury being related to the psychological injury – whether the Commission erred in finding that the appellant’s psychological injury arose out of reasonable management actions taken in a reasonable way. Simonsen v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 30 (27 October 2015)
November 10, 2015
CRIMINAL LAW – appeal – work health and safety – duty of care – particularisation of alleged breaches – validity of complaint – appellant alleged respondent breached statutory duty of care – whether complaint adequately particularised alleged breach of duty – identification of measures alleged to be “reasonably practicable” – whether complain valid. Archer v Simon Transport Pty Ltd [2015] QDC 263 (21 October 2015).
November 10, 2015
Claim for permanent impairment compensation – injury – whether worker suffered an injury as defined or a consequential condition – challenge to factual findings – whether impairment from the injuries as found sufficient to satisfy threshold requirements – s.66(1) of the Workers Compensation Act 1987. Chamma v P & M Quality Smallgoods Pty Ltd t/as Primo Smallgoods [2015] NSWWCCPD 58 (29 September 2015).
