Richard Plunkett and Silverbrook Research Pty Limited [2012] NSWIRComm 22

Industrial Relations Commission New South Wales Medium Neutral Citation: Richard Plunkett and Silverbrook Research Pty Limited [2012] NSWIRComm 22 Hearing dates: 23 November and 6 December 2011 Decision date: 23 March 2012 Jurisdiction: Industrial Relations Commission Before: Walton J, Vice President; Harrison DP; Tabbaa C Decision: 1. Leave to appeal is granted. 2. The appeal is upheld. 3. The decision of Connor C is set aside. 4. The matter is referred to a Member of the Commission for retrial. Catchwords: APPEAL - leave to appeal - application for reinstatement of injured worker - Part 8 of Workers Compensation Act 1987 - appellant suffered physical workplace injury to forearms - issue as to whether appellant also suffered a psychological injury - whether appellant 'injured worker' under s 240(2) of the Workers Compensation Act 1987 re psychological injury - appellant dismissed by respondent for behavioural issues - question as to whether behavioural issues manifestation of psychological injury - question relevant to whether rebuttal provision of s 244(2) satisfied - issue as to whether appellant suffered compensable psychological injury critical to resolution of proceedings arising under that section - issue not resolved at first instance - appealable error - absence of reasons alternative ground of appealable error - questions of law raised by respondent for first time on appeal not determinative of issues raised re psychological injury - leave to appeal granted - appeal upheld - factors in favour of retrial - retrial ordered Legislation Cited: Industrial Relations Act 1996 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Commissioner of Police v Smith [2010] NSWIRComm 162 House v The King (1936) 55 CLR 499; 9 ABC 117; 10 ALJ 22 Paula Lee v Energy Australia (No 4) [2011] NSWIRComm 120 Richard Plunkett v Silverbrook Research Pty Limited [2011] NSWIRComm 1031 Speirs v Industrial Relations Commission of New South Wales & Anor [2011] NSWCA 206 Category: Principal judgment Parties: Richard Plunkett (appellant) Silverbrook Research Pty Limited (respondent) Representation: M J Kimber (SC) and K Edwards of counsel (appellant) K L Eastman of counsel (respondent) Slater & Gordon Lawyers (appellant) Truman Hoyle Solicitors (respondent) File Number(s): IRC 1326 of 2011 Decision under appeal Citation: Richard Plunkett v Silverbrook Research Pty Limited [2011] NSWIRComm 1031 Date of Decision: 2011-07-14 00:00:00 Before: Connor C File Number(s): IRC 915 of 2010