In the matter of C Reagh Pty Ltd v Gaydon [2020]
NSWWCCPD 63 (20 October 2020) Deputy President Michael Snell of the
Workers Compensation Commission ('WCC') was required to
consider whether the Arbitrator correctly applied the causation
test established in Kooragang Cement Pty Ltd v Bates
(1994) ('Kooragang') – being a
'common sense evaluation of the causal chain'.
Background
Ms Deanna Moodley ('the deceased') was employed as a
cook by the appellant, C. Reagh Pty Ltd, when she suffered an
injury to her back whilst lifting 20kg drums of cooking oil. The
injury was the subject of WCC proceedings, which progressed to a
contested arbitration hearing on 7 November 2012.
Following the hearing, the deceased boarded a delayed flight
back to Dubbo from Sydney. After boarding she complained of
sweating, nausea and shallow breathing; and later became
unresponsive. Attempts to revive her were unsuccessful. An autopsy
revealed she had unfortunately suffered a heart attack.
