Kaye Esterne Matthews v Q-COMP

 

 

10 February 2010 , I.M. K Ryan

 

Ms J McClymont of Counsel, instructed by Shine Lawyers for the appellant

 

Mr S Gray of Counsel, directly instructed by Q-COMP

 

 

Nursery worker - 55 –psychological –appeal allowed –

 

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

 

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

 

Head Note

 

The appellant lodged an application for compensation with WorkCover Queensland (the Insurer) on 17 September 2008 for a psychological injury.  The appellant alleges that her injury was sustained on 20 August 2008 as a result of ‘abuse at work’. 

 

The Insurer conducted an investigation into the circumstances surrounding the application and made a decision to reject the appellant’s claim on the basis that she did not sustain an ‘injury’ within the meaning of section 32 of the Act.

 

Q-COMP confirmed the Insurer’s decision at review. Q-COMP was satisfied that the appellant’s injury did not arise out or in the course of her employment and that employment was not a significant contributing factor to her injury.

The appellant lodged an appeal to the Industrial Magistrate. The Industrial Magistrate accepted that the appellant was subjected to name calling and bullying by her colleagues and found that her injury arose out of her employment and that employment was a significant contributing factor to her injury.

 

The Industrial Magistrate was satisfied that the appellant made complaints to management about the abuse she was suffering. His Honour accepted that nothing was done by the employer to alleviate the situation which lead to the appellant’s eventual inability to continue in the workplace. His Honour found that the employment did not take any (or little) management action in response to the appellant’s complaints and that the injury was not therefore caused by reasonable management action taken in a reasonable way.