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 workers employment Head Note The Claimant was employed ...''>

Key words Customer Services officer - physical appeal dismissed - Significant sections considered: S195( 1) The entitlement of a worker to weekly payments under this part stops when the first of the following happens (a) the incapacity because of the work-related injury stops Head Note Juell Booth (Appellant) sustained a number of injuries including a neck injury on 2 December 1996 as a result of slipping off the wheel of a four wheel drive vehicle while ob ...''>

Key words chef Injury Type: physical Appeal Outcome: appeal 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 second respondent was employed by the appellant as a chef in a retirement village operated by the appellant. The second respondent claimed to have injured his lower back by slipping and falling wh ...''>

Key words Truck Driver 46 Injury Type: physical 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 s130 Injuries caused by misconduct (4) serious and wilful misconduct of a worker does not include conduct engaged in at the express or implied direction of the workers ...''>

Key words Truck driver, 30 physical injury lower back aggravation of pre-existing lumbar spondylosis cessation of compensation - appeal dismissed significant sections considered: s144A (1) The entitlement of a worker to weekly payments of compensation under part 9 stops when the first of the following happens (a) the incapacity because of the work related injury stops s144B The entitlement of a worker to the payment of medical treatment, hospitalisation and expense ...''>

Graham Hall v Q-COMP Graham Hall v Q-COMP 7 April 2010 , I.M. G Lee Mr Stuart Sapsford of Counsel, instructed by Sciaccas 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 Applicatio ...''>

Key words Principal 53 Injury Type: psychological Appeal Outcome: appeal dismissed Significant sections considered: s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note Mr Hossack (the second respondent) was employed by the appellant as the Principal of the North Keppel Island Environmental Education Centre (NKIEEC). The NKIEEC is located on North Keppel Island and hosts environme ...''>

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 comp ...''>

Key words Slashing and earthmoving operator - 60 physical Appeal dismissed, Significant sections considered: Schedule 2 Part 1 s2 - A person who works for another person under a contract (regardless of whether the contract is a contract of service) is a worker unless the person is performing the work is paid to achieve a specified result or outcome; and has to supply the plant and equipment or tools of trade needed to perform the work; and is , or would be, liable for t ...''>

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, ...''>

Key words Meatworker 40 Injury Type: physical Appeal Outcome: appeal dismissed Significant sections considered: s542 an application for review must be made within 3 months after the person applying for the review receives written notice of the decision or the failure to make a decision Head Note The appellant lodged an application for compensation with Swift Australia Pty Ltd (a self-insured employer) on 13 October 2006 for a lower back injury. Swift provid ...''>

Key words Freight transport company Issue: WorkCover Industry Classification (WIC) for policy of insurance Appeal Outcome: appeal allowed Significant sections considered: Section 54 WorkCover must set the premium payable under a policy Head Note WorkCover set the premium payable for the 2006-2007 and 2007-2008 periods of insurance for the policies of insurance of the second and third respondents (the employer). In doing so, WorkCover allocated the WorkCover Industry ...''>

Elizabeth Cotter v Q-COMP Elizabeth Cotter v Q-COMP 2 March 2010 , I.M. G ODriscoll Ms Lisa Wilson of Counsel, instructed by Parker Simmonds Lawyers for the Appellant Mr Peter Rashleigh of Counsel, directly instructed by Q-COMP Police officer - 60 psychological appeal dismissed : s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the worker s employment Head Note Elizabe ...''>

Appellant v Q_COMP SPIRAL Inc. v Q-COMP Date of decision: 22 February 2010, Commissioner Fisher Mr John Merrell of Counsel, instructed by Employer Services for the Appellant Mr Stephen Gray of Counsel, directly instructed by Q-COMP Support Worker - 36 psychological appeal dismissed - Significant sections considered: s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment &nbs ...''>

Key words Excavator Driver 25 Injury Type: lower back Appeal Outcome: appeal allowed Significant sections considered: s144A entitlement to weekly payments of compensation stops when the incapacity because of the work related injury stops s144B entitlement to payment of medical treatment, hospitalisation and expenses stops when the entitlement to weekly compensation stops and medical treatment is no longer required for management of the injury because the injury is not likel ...''>

Appellant v Q_COMP ROBERT JOHN KING V Q-COMP Date of decision: 12 February 2010, I.M. Hodgins Mr J Crosby of Justin Crosby Solicitors for the appellant Mr S Sapsford of Counsel, directly instructed by Q-COMP Truck Driver - 60 Injury Type: psychological Appeal Outcome: appeal dismissed - Significant sections considered: S 130 Compensation is payable for an injury sustained by a worker that is caused by the workers serious and wilf ...''>

Kaye Esterne Matthews v Q-COMP 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) reaso ...''>

Key words Diesel Fitter 39 Injury Type: lower back Appeal Outcome: appeal 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 claimant was employed as a diesel fitter at a mine site 170km from Mackay. The claimants shift consisted of four 12-hour shifts followed by four consecutive days off. When roster ...''>

Key words Plant Operator 41 Injury Type: psychological Appeal Outcome: appeal allowed Significant sections considered: s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note The appellant was employed as a Plant Operator. The appellant alleged that he developed a psychological injury over a period of time from 2004 to 2007 as a result of conflict and interactions with co-workers and ...''>

Key words Machine Operator - 40 Injury Type: physical - shoulder Appeal Outcome: appeal 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 s144A When weekly payments of compensation stop s144B When payment of medical treatment, hospitalisation and expenses stops Head Note Mr Gibbons lodged an application ...''>

Key words College Director 58 Injury Type: psychological Appeal Outcome: appeal allowed Significant sections considered: s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note The claimant worked as College Director for the appellant employer. On 21 November 2008 , the claimant lodged an application for compensation with WorkCover Queensland for a psychological injury allege ...''>

key Abattoir Pty Ltd v Q-COMP Oakey Abattoir Pty Ltd v Q-COMP 15 December 2009 , I.M. K A Ryan Mr A Herbert of Counsel, instructed by the appellant Mr P Rashleigh of Counsel, directly instructed by Q-COMP Key words Supervisor 62 psychological appeal dismissed : 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 emp ...''>

Key words Teacher - 50 Injury Type: psychological Appeal Outcome: appeal dismissed - Significant sections considered: S131 - an application for compensation is valid and enforceable only if the application is lodged by the claimant within 6 months after the entitlement to compensation arises Head Note Ms Le Guinio is employed as a language teacher. In September 2006, she lodged an application for compensation with WorkCover Queensland (the Insurer) for an in ...''>

Key words Teacher - 50 Injury Type: psychological Appeal Outcome: appeal dismissed - Significant sections considered: s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note Ms Le Guinio is employed as a language teacher. She lodged an application for compensation with WorkCover Queensland (the Insurer) for an injury described as anxiety/depression she alleged occurred during ...''>

Key words School Teacher - Injury Type: psychological, depression Appeal Outcome: appeal dismissed - Significant sections considered: Include one of the following sections examples only, not an exhaustive list s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note On 13 June 2007, Mrs Barber lodged a claim with WorkCover Queensland (Insurer) for depression that she sustained over a pe ...''>

Key words Wardsman - 60 physical Appeal dismissed : 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 Mr Bernazza (Claimant) lodged an Application for compensation with the Insurer for a back injury alleged to have been sustained whilst pushing and pulling a faulty patient hoist. The Claimant alleged that he did not experience any pain until ...''>

Key words Dependency application Appeal Outcome: appeal allowed Significant sections considered: s.201 in relation to the amount payable to a partial dependant of a deceased worker Head Note Ms Kimberley Riley lodged an application for dependency benefits with WorkCover . WorkCover accepted that application and in a letter dated 16 May 2008 advised her that they had determined that she had a partial dependency on her deceased husbands earnings of 57%. Ms Riley appl ...''>

R R.E.C Group Pty Ltd v Q-COMP 9 November 2009 , Commissioner Asbury Mr D G Pratt of Counsel, instructed by Latitude Lawyers for the appellant Mr MJ Drysdale of Counsel instructed by Bennett and Philp Solicitors for the worker Mr S A McLeod of Counsel, directly instructed by Q-COMP Pipe Layer 28 - physical Appeal dismissed : s130 compensation is payable for an injury sustained by a worker that is caused by the workers seriou ...''>

Key words Trolley collector - 28 physical appeal allowed s11 (1) A worker is a person who works under a contract of service Head Note Timothy Kiernan (Appellant) lodged a Notice of Claim for damages for injuries sustained to his right hand. At the time of the injury, the Appellant was working as a trolley attendant at Morayfield Shopping Centre. WorkCover Qld ( Insurer) rejected the claim for damages on the basis that the Appellant was not a work ...''>

Key words Builder 47 Injury Type: multiple Appeal Outcome: appeal dismissed Significant sections considered: s11(1) A worker is a person who works under a contract of service schedule 2 part 1(1) A person who works under a contract or at piecework rates for labour only or substantially for labour only is a worker schedule 2 part 1(2) A person who works for another person under a contract is a worker unless the person ( i ) is paid to achieve a specified result ...''>

Key words Meat Worker - 43 Injury Type: physical Appeal Outcome: appeal 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 Mr Dalby was employed by Swift Australia as a meat worker over a number of years since 1989. Mr Dalby lodged an application for compensation for an injury which occurred to his right s ...''>

Key words Flight Caterer - 55 Injury Type: psychological Appeal Outcome: appeal 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 worker was employed as a flight caterer with Qantas since 1997. In January 2007 he lodged an application for compensation with Qantas for a psychological injury he alleged ...''>

Key words Body Corporate Manager - Injury Type: psychological, post traumatic stress disorder Appeal Outcome: appeal dismissed - Significant sections considered: s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note On 21 January 2008, Miss Farrell lodged a claim with WorkCover Queensland (Insurer) for a psychological injury sustained in an incident on 15 January 2008. At the time of the al ...''>

Key words Corrective Services Officer - Injury Type: psychological injury (acute anxiety syndrome) Appeal Outcome: appeal allowed - Significant sections considered: s32(5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note David Piccinelli was employed as a Corrective Services Officer at the Townsville Correctional Centre. On 28 October 2008, Mr Piccinelli alleged that he sustained a p ...''>

Key words Fitter - 51 Injury Type: psychological 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 workers employment Head Note Malcolm Hochen (Appellant) lodged an Applicatio ...''>

Key words Application for costs - Significant sections considered: S558( 3) Costs of the hearing are in the appeal bodys discretion, except to the extent provided under a regulation Head Note Ms Reed filed a notice of appeal in the Queensland Industrial Relations Commission against the decision of Q-COMP to confirm the rejection of her claim for workers compensation. During the process of the appeal, her employer, Coles Group Limited applied to be heard in the pro ...''>

Key words Boner - 39 Injury Type: psychological 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 workers employment Head Note The worker in this matter was employed by Swift Australia Pty ...''>

Key words Labourer (light duties) 48 years of age Injury Type: left inguinal hernia Causation Newberry v Suncorp Metway Insurance Ltd [2006] QCA 48 and EMI (Australia) v BES [1970] 2 NSWLR 238 applied - Appeal Outcome: appeal allowed - Significant section 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 worker, Kim Alfred Ce ...''>

Key words Handyman - 59 Injury Type: Physical, left shoulder Appeal Outcome: appeal 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 s32( 3) an injury includes an aggravation Head Note This appeal was heard by way of re-hearing, following the decision of the Industrial Court of 28 August 2008. Mr Tolhurst was ...''>

Key words Technical teacher - 65 Injury Type: physical Appeal Outcome: appeal 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 Mr Allan Clark (appellant) lodged an application for compensation with WorkCover Qld (Insurer) on 12 November 2008 for a lower back injury. He alleged that he sustaine ...''>

Key words truck driver 41 Injury Type: psychological Appeal Outcome: appeal dismissed Significant sections considered: s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note Mr Rossmuller was employed by Queensland Rail (a self-insurer) as a truck driver. On 16 February 2007, Mr Rossmuller lodged an application for compensation with Queensland Rail for a psychological injury sust ...''>

Key words Golf Course Superintendent - Injury Type: psychological injury major depresssion Appeal Outcome: appeal dismissed - Significant sections considered: s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note The worker, Robert John Schmidt was employed as a Golf Course Superintendent by the Hyatt Regency Coolum. On 12 September 2007, the worker applied for compensation for ps ...''>

Key words Custodial Manager - 46 Injury Type: psychological Appeal allowed s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note Brenda Whyte (Claimant) was employed by the Queensland Department of Corrective Services as a Custodial Manager, having commenced employment in May 1987. The Claimant lodged an Application for Compensation with WorkCover (Insurer) on 6 February ...''>

Key words Landscape Gardener - 39 Injury Type: physical 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 Head Note Mr McDonald lodged an Application for Compensation with the insurer on 20 May 2008 for multiple injuries which he stated were caused by a motor vehicle accident on 5 May 2008, noting ...''>

Key words Nurse Unit Manager - 43 Injury Type: psychological 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 workers employment Head Note Ms McCulloch was employed through the Townsville ...''>

Key words Leading Hand - 41 Injury Type: physical Appeal Outcome: appeal 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 worker was employed by Fraser Coast Free Range Pty Ltd as a Leading Hand. On 21 December 2007 the worker attended a Christmas party held by her employer at their property during w ...''>

Key words Pipe Layer 32 years of age Injury Type: physical injury Appeal Outcome: appeal 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 worked as a pipe layer with Civdec Constructions Pty Ltd from 29 September 2007. The appellant lodged an application for compensation dated 30 June 2008 with the ...''>

Key words Security Screener 50 Injury Type: psychological Appeal Outcome: appeal dismissed Significant sections considered: s32( 5) reasonable management action taken in a reasonable way by the employer in connection with the workers employment Head Note Mr Lane was employed as a Security Screener by ISS Security Pty Ltd at Coolangatta Airport. Mr Lane sustained a psychological injury after incidents at work on 16 October 2006. Mr Lane initially approached a co- ...''>

Key words Teacher - 63 Injury Type: psychological 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 workers employment Head Note Fussell was employed as a teacher with Education Queensland. ...''>

Key words Sales Executive - 31 psychological injury 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 workers employment Head Note Dana Matthews (Appellant) lodged a Notice of Claim for damages with WorkCover Qld (Insurer) for an i ...''>