The Board of Benevolence and of Aged Masons, Widows and Orphans’ Fund (Mason Care Queensland) v Q-COMP

Date of decision: 17 May 2010, I.M. Lee

Mr Andrew McLean Williams of Counsel, instructed by Bradley Lawyers for the Appellant

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

Key words – Personal Care Assistant - 55 – Injury Type: psychological injury – Appeal Outcome: appeal allowed - 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

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

Head Note

The Claimant was employed by the Appellant as a personal care assistant. In 2009 she lodged an application for compensation for a psychological injury she alleges was caused by her employment with the Appellant. WorkCover Queensland rejected her claim on the basis that her injury arose out of reasonable management action and was therefore excluded from the definition of injury. The Claimant then sought a review with Q-COMP. The Review Unit set aside the rejection of her claim and found it was one for acceptance.

The Employer lodged a notice of appeal in the Brisbane Magistrates Court.

In assessing the evidence given by the witnesses called during the hearing, His Honour preferred the versions given by those witnesses called by the Appellant over that of the Claimant.

In summary, His Honour found that the actions taken by management in relation to overtime and workload issues were reasonable management action taken in a reasonable way. He stated that, ‘the relevant action does not have to be perfect and that it should be recognised that systems in place are not perfect and they can fail from time to time’.

His Honour was satisfied that the Appellant had discharged its onus of proof and the appeal was allowed.