Relevant Details
- Age group: 40-45
- Injuries: Lumbar spine
- Occupation: Manager
- Key issues: Jurisdiction (NSW/QLD)
Background
The claimant suffered a lumbar spine injury in a slip and fall incident that occurred whilst they were working from their temporary residence in Queensland. The company they worked for was based in New South Wales and primarily carried out its work in NSW however the claimant relocated to QLD not long before the injury event and was therefore working in QLD at the time she was injured. This presented an interesting jurisdictional dispute between the claimant, the employer, the QLD insurer and the NSW insurer.
The workers compensation claim was initially accepted in QLD but that decision was appealed by the employer and Workcover later declined the claim on the basis it belonged in NSW. However, when the claimant lodged the claim in NSW, the NSW workers compensation insurer denied the claim stating it was a QLD claim (among other reasons).
The injured claimant found themselves in a position where neither state would willingly accept liability for her workers compensation claim; instead pointing the finger at the other.
Claims Process
- By analysing the factual matrix of the claim and applying the jurisdictional tests outlined by each state’s workers’ compensation legislation, we determined the claim ought to be accepted in New South Wales.
- A review of the NSW insurer’s decision to reject the claim was sought before an Application to Resolve a Dispute was filed in the Personal Injury Commission (‘PIC’).
- The parties appeared at a Teleconference before the Personal Injury Commission Member where it became apparent that the parties were unable to resolve the dispute between themselves and so the matter was listed for Conciliation and Arbitration.
- In the weeks that followed the PIC Teleconference, additional evidence was obtained by the parties through thoughtfully considered Directions for Production. In the additional evidence was further documentation that supported the notion that the claimant’s employment was linked to NSW (not QLD).
- We attended the PIC Conciliation and Arbitration before the Commission Member prepared with submissions and evidence to argue the claimant’s claim but just as the conciliation was due to commence, the NSW workers compensation insurer agreed to
accept the claimant’s claim.
The Result
The Personal Injury Commission dispute resolved by consent. A Certificate of Determination was issued by the PIC which confirmed the NSW insurer’s consent to accept liability for the claim and pay the claimant a set amount of weekly wage compensation.
Importantly, the workers compensation claim was recognised and accepted by NSW and the claimant was able to access their statutory entitlements and compensation.
