Ashley Eves v Q-COMP

Date of decision: 26 March 2010, I.M. Smid

Mr Michael Drew of Counsel, instructed by Connolly Suthers for the appellant

Mr Stuart Sapsford of Counsel, directly instructed by Q-COMP

Key words – Stock Controller - 40 – Injury Type: physical, back – Appeal Outcome: dismissed - Significant sections considered: –

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

The appellant alleges he sustained a disc protrusion after lifting a fridge onto a truck in the course of his employment in May 2007. He lodged a notice of claim for damages, in September 2008, for the injury which was rejected by WorkCover Queensland, (“the Insurer”) on that basis that the injury did not arise out of or in the course of his employment.

Mr Eves sought a review of that decision with Q-COMP. The review unit decision confirmed the Insurer’s decision to reject the notice of claim for damages. Mr Eves lodged a notice of appeal in the Townsville Magistrates Court.

Evidence was presented at the hearing by his general practitioner and various treating specialists. According to the medical practitioners, the appellant did not mention a specific event giving rise to his alleged injury.

It was further noted that the appellant also lodged an application for compensation with the Insurer in June 2007 for a different injury sustained in 2005. He made no mention of the current back injury in that application.

His Honour assessed the evidence presented by the medical practitioners, the appellant and that of his co-workers. The appellant did not mention to co-workers that he had sustained an injury due to a specific event that day. He failed to mention to medical practitioners that he injured his back in the manner alleged. He further failed to include on an application for compensation that he had a recent back injury.

His Honour stated that in these circumstances, he could not conclude that a specific incident took place in May 2007 giving rise to an injury sustained by the appellant and dismissed the appeal.