Ballina Shire Council v Knapp

[2019] NSWCA 146

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Appeal against decision of Workers Compensation Commission
3. › Jurisdiction of Deputy President on appeal from Arbitrator
4. › Whether appeal limited to issues raised by parties
5. › Whether Deputy President could determine claim on basis not within scope of appeal
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352(5)
1. Workers Compensation
2. › Journey claims
3. › Injury arising out of or in the course of employment
4. › Whether injury during travel to work while making work-related phone call arose out of employment under s 4
5. › Distinction between journey claim under s 10 and general injury under s 4
6. › Workers Compensation Act 1987 (NSW), ss 4, 10
1. Workers Compensation
2. › Appeal to Court of Appeal
3. › Error in point of law
4. › No evidence ground
5. › Whether findings of speeding and mobile phone use supported by evidence
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353

Quick Take

Under the amended s 352(5) of the WIM Act, a Presidential member on appeal from an Arbitrator cannot determine a workers compensation claim on a basis not raised by either party, as the appeal is limited to correcting error in the decision appealed against and is not a review or new hearing; Chubb Security v Trevarrow, decided under the former 'review' provision, has no application.