Shirley Joy Cooper v Q-COMP

Date of decision: 31 March 2010, I.M. Schemioneck

Mr Justin Harper of Counsel, instructed by Shine Lawyers for the appellant

Mr Peter O’Neill of Counsel, directly instructed by Q-COMP

Key words – Registered Nurse - 55 – Injury Type: physical – neck and shoulders – Appeal Outcome: dismissed - Significant sections considered: –

s11(1) a worker is a person who works under a contract of service

s32(1) an injury is personal injury arising out of, or in the course of, employment if the employment is a significant contributing factor to the injury

Head Note

Ms Cooper was employed as a Registered Nurse. She lodged an application for compensation for a physical injury sustained by her whilst she was folding and stacking tables and chairs at a ‘Resident’s Christmas Party’ in December 2007. The appellant acknowledged that her role at that party was as a ‘volunteer’. WorkCover Queensland (“the Insurer”) rejected her claim on the basis that the injury did not arise out of or in the course of her employment.

The appellant sought a review of the Insurer decision with Q-COMP. The review unit decision confirmed the Insurer’s decision to reject the application for compensation. Ms Cooper lodged a notice of appeal in the Toowoomba Magistrates Court.

The evidence at the hearing established that the appellant attended the party as a ‘volunteer’. She was not rostered to work that day, and was not paid for her time or services. There was no obligation on staff to volunteer their time, however they were encouraged to do so and were given some direction or instruction during the party. The duties performed by the appellant at the party were not duties normally undertaken by her in her position as a Registered Nurse with the employer.

In determining whether Ms Cooper was a ‘worker’, His Honour found that given the voluntary nature of the arrangement, the duties performed by her at the party and the fact she was not being paid to be there, the arrangement lacked the necessary element of mutuality required to give rise to a contract of service. Further, that there was nothing between the appellant and employer that gave rise to a contract at all.

His Honour further stated that the appellant was not doing something which was reasonably required, expected or authorised to do in order to carry out her duties as a Registered Nurse. The injury did not arise out of or in the course of her employment, and employment was not a significant contributing factor to her injury.

The appeal was dismissed.