Graham Hall v Q-COMP

7 April 2010, I.M. G Lee

Mr Stuart Sapsford of Counsel, instructed by Sciacca’s lawyers for the appellant

Mr Peter Rashleigh of Counsel, directly instructed by Q-COMP

Police officer- 51 – psychological– appeal allowed: –

s32(5) reasonable management action taken in a reasonable way by the employer in connection with the worker ’s employment

Graham Hall (appellant) lodged an Application for Compensation with WorkCover Queensland (insurer) on 14 May 2008 for a psychological injury. The appellant stated that an excessive workload and his official “standing down” without explanation on 19 March 2008 caused this injury.

The insurer investigated the application for compensation and subsequently decided to reject the claim based on section 32(5) of the Act.

The appellant lodged a review and Q-COMP ultimately confirmed the insurer’s decision on the basis that the appellant’s injury had arisen out of reasonable management action taken in a reasonable way.

An appeal of the review decision was lodged with the Industrial Magistrate. It was submitted that the real cause of the appellant’s injury was his standing down and the way it was communicated to him. The appellant was stood down on 19 March 2008. He was advised that there were no issues with his performance and without giving any proper particulars; the reason given was that he was a risk to the District because of his health.

His Honour found that management’s action in standing aside the appellant was unreasonable management action taken in an unreasonable way. His Honour stated that the decision to stand down the appellant was based on an erroneous assumption as to his mental health without proper or due enquiry of his medical practitioners. His Honour stated that it was clear that the employer knew of the appellant’s past medical history and simply made the decision based on assumptions about the appellant’s actual condition.