Judgment date: 16 November 2010
Winter v New South Wales Police Force [2010]
NSWWCCPD 121
Workers Compensation Commission1
In Brief
- A party to proceedings in the Workers Compensation Commission
(WCC) requires leave in order to cross-examine a witness.
- Where allegations are made that a witness has been dishonest in
relation to a significant aspect of their evidence leave to
cross-examine that witness should be granted as a matter of
procedural fairness.
- Similarly in CARS matters where there is a significant
inconsistency to which a claimant has not replied, it would be
appropriate that the claimant be cross-examined on that issue.
Background
The claimant was a Police Officer who submitted a claim for
compensation under the Workers Compensation Act 1987 in
respect of a psychological injury arising from various incidents of
violence which he witnessed and unsatisfactory treatment at work.
The insurer denied liability for the claim substantially on
