Juell Elizabeth Booth v Q-COMP

27 April 2010, I.M. G Lee

Juell Elizabeth Booth was self-represented

Mr Charlie Clarke of Counsel, directly instructed by Q-COMP

Key words – Customer Services officer - physical – appeal dismissed - Significant sections considered: –

S195(1) The entitlement of a worker to weekly payments under this part stops when the first of the following happens –

(a) the incapacity because of the work-related injury stops

Head Note

Juell Booth (Appellant) sustained a number of injuries including a neck injury on 2 December 1996 as a result of slipping off the wheel of a four wheel drive vehicle while obtaining an engine number in the course of her employment duties.

The Appellant lodged a claim with WorkCover Queensland (Insurer) and this was accepted. The Insurer later ceased the Appellant’s entitlements on the basis that her continued absence from work was not the result of the work related injury. The Insurer based their decision on the opinions of a neurologist and orthopaedic surgeon who opined that there were no neurological problems or organic disability in her neck respectively.

The Appellant lodged a review of the Insurer’s decision with Q-COMP who decided that her application was out of time. This was overturned on appeal to the Industrial Relations Commission. The matter was remitted to Q-COMP to determine the matter according to law. Q-COMP subsequently confirmed the Insurer’s decision to terminate the Appellant’s claim on the basis that it could not be concluded on the available medical evidence that any ongoing incapacity suffered by the Appellant was the result of an “injury”.

The Appellant lodged an appeal with the Industrial Magistrates Court. Magistrate Lee stated that the relevant medical evidence applicable as of September or October 2007 does not support the view that any symptoms the Appellant was suffering from in September or October 1997 were causally connected with her employment in respect of the incident at work on 2 December 1996.

His Honour stated that the Appellant bears the onus of proof and failed to discharge this onus. His Honour concluded that:

• On 2 December 1996, the Appellant suffered a personal injury, namely a neck injury;
• The Appellant applied for and was paid compensation in the periods 14 December 1996 to 14 January 1997 and 3 June 1997 to 30 September 1997;
• Any physical injury the Appellant was suffering from after 30 September 1997 did not arise out of or in the course of her employment.

This decision has been appealed to the Queensland Industrial Court.