Sydney Local Health District v BN V

2025/00439629

WORKERS COMPENSATION – the respondent was employed by the appellant at the Royal Prince Alfred Hospital as an office clerk – the respondent commenced proceedings in the Personal Injury Commission (PIC) Workers Compensation Division alleging a primary psychological/psychiatric injury as a result of protracted bullying, isolation, ostracisation, lack of support and “unrealistic expectations” suffered in the course of her employment – on 12 February 2025, the PIC, constituted by a Member, issued a Certificate of Determination determining that the respondent sustained a primary psychological injury in the course of her employment with the appellant, with her employment being the main contributing factor to that injury – the PIC further found that the respondent had no capacity to work as a result of the injury, and was entitled to weekly compensation payable under s 37 of the Workers Compensation Act 1987 (NSW) – pursuant to s 352(5) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), the appellant appealed against the decision on the grounds that the PIC: (a) accepted lay evidence where it was unreasonable to do so; (b) failed to consider a relevant consideration (namely, psychiatric symptoms and treatment of the respondent prior to her commencing her employment); (c) erred in determining that a “new non-work factor” needed to be identified as a competing causal factor of the alleged injury; and (d) erred in failing to consider a relevant consideration in determining that the respondent’s incapacity arose as a result of her employment – the appeal was heard by the PIC constituted by an Acting Deputy President, the appeal being limited to “a determination of whether the decision appealed against was or was not affected by any error of fact, law or discretion and the correction of any such error” – the Acting Deputy President dismissed each ground of appeal and confirmed the Certificate of Determination – whether the Acting Deputy President erred in his application of the requirement in s 4(b)(ii) of the Workers Compensation Act that the employment be the “main contributing factor” to the injury – whether the Acting Deputy President erred in rejecting ground (b) – whether the Acting Deputy President erroneously reversed the onus of proof.

State of New South Wales (Sydney Local Health District) v BNV [2025] NSWPICPD 73