Workers Compensation Nominal Insurer v Hill

(2020) 295 IR 172; [2020] NSWCA 54

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Entitlement to compensation
3. › Injury arising out of or in the course of employment
4. › Worker employed to work at home
5. › Killed by co-worker and de facto partner
6. › Attack inspired by paranoid delusions related to work
7. › Whether evidence of causal link between worker's employment and harm suffered
8. › Whether employment substantial contributing factor
9. › Workers Compensation Act 1987 (NSW), ss 4, 9A
1. Workers Compensation
2. › Appeals
3. › Appeal from arbitrator to Deputy President
4. › Scope of appellate function
5. › Whether appeal limited to determination of error of fact, law or discretion
6. › Whether Deputy President misconstrued scope of jurisdiction by adopting Whiteley Muir language
7. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352(5)
1. Workers Compensation
2. › Appeals
3. › Appeal from Deputy President to Court of Appeal
4. › Appeal limited to decision in point of law
5. › Whether 'no evidence' ground raises point of law
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 353(1)
1. Workers Compensation
2. › Causation
3. › Causal connection between employment and injury
4. › Whether delusional beliefs of attacker relating to victim's employment establish causal connection
5. › Whether fact that connection involved delusion prevented it being causal connection
6. › Workers Compensation Act 1987 (NSW), ss 4, 9A

Quick Take

The Court held that in workers compensation appeals under s 352(5), the Whiteley Muir formulation of the appellate function remains appropriate and does not constitute error, and that delusional beliefs of a co-worker relating to the victim's employment can establish a causal connection between the employment and the injury.