ARTICLE · 16 SEPTEMBER 2010

Psychological Injuries – No Requirement that A Worker’s Perception of Events Be "Reasonable"

Moray & Agnew

Explore more from Moray & Agnew

Acting President Bill Roche of the Workers compensation Commission of NSW (‘WCC’) dismissed an appeal lodged by an employer against the decision of the Arbitrator to award a worker benefits of weekly compensation and treatment expenses as a result of a psychological injury.

AustraliaLitigation, Mediation & Arbitration

Fiona King

Author LinkedIn connections

Attorney General's Department v K [2010] NSWWCCPD 76 (21 July 2010)

Acting President Bill Roche of the Workers compensation Commission of NSW ('WCC') dismissed an appeal lodged by an employer against the decision of the Arbitrator to award a worker benefits of weekly compensation and treatment expenses as a result of a psychological injury. The decision emphasises that there is no requirement at law that a worker's perception of events must pass some 'qualitative test of reasonableness' in order to establish an entitlement to compensation.

Background

The worker commenced proceedings in the WCC alleging that she had sustained a psychological injury as a result of an excessive workload, chronic pain associated with a (work related) foot injury and harassment in the workplace.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

The Law On Subpoenas In New South Wales

AustraliaLitigation, Mediation & Arbitration

Criminal Defence Lawyers Australia

When Are Pleadings Closed In Queensland?

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

No Reasons Required: Supreme Court Reinforces The Limits Of Medical Panel Judicial Review

AustraliaLitigation, Mediation & Arbitration

Time Limits For Enforcing A Judgment In Queensland

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

A Plaintiff Must Prove Their Case – The Importance Of Credibility In Personal Injury Claims

AustraliaLitigation, Mediation & Arbitration

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Litigation

Comparative Guide

International Arbitration

Comparative Guide

Class Actions

See more popular content from

Litigation, Mediation & Arbitration

Draft And File A Statement Of Claim In Queensland

Learn the essential steps for drafting and filing a statement of claim in Queensland courts, from identifying the correct jurisdiction and parties through to proper service of documents. This guide breaks down the technical requirements for pleading material facts, particularising claims, and ensuring compliance with court rules and approved forms.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

How To Draft A Defence And Reply

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Libel, Slander, and Defamation – Understanding the Difference

Libel, slander, and defamation are legal terms that address false statements that harm an individual's or business's reputation.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

NSW Statement of Claim: A Basic Guide

A NSW Statement of Claim is a legal document that enables a person to initiate local court proceedings.

AustraliaLitigation, Mediation & Arbitration

Elements Of Defamation In Queensland

In Queensland, proving defamation requires establishing that a defendant published defamatory matter identifying the plaintiff to third parties, causing serious reputational harm. However, even when all elements are satisfied, claims may still fail due to procedural requirements, corporate plaintiff restrictions, or available defences under the Defamation Act 2005.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Legal Professional Privilege In Queensland

Legal professional privilege shields confidential communications made for obtaining legal advice or litigation purposes, but Queensland's civil procedure rules impose strict disclosure requirements and affidavit obligations when privilege claims are challenged. Expert reports and drafts face particular scrutiny, as they may not qualify for privilege protection under the rules.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Beyond reasonable doubt (criminal) vs balance of probabilities (civil)

Explanation & discussion about the different standards of proof required in criminal cases as compared to civil cases.

AustraliaLitigation, Mediation & Arbitration

Doogue + George Defence Lawyers

Negligence and the scope of liability (legal causation)

Proving negligence and legal causation is not as straight forward as the commonly accepted concepts and definitions.

AustraliaLitigation, Mediation & Arbitration

Carroll & O'Dea

Counterclaims In Queensland Civil Proceedings: Complete Guide

When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal

Publication In Defamation Law: Who Is Liable?

Understanding who can be held liable for defamatory statements requires examining the complex legal concept of publication in defamation law. From traditional publishers to modern digital intermediaries, the scope of liability extends far beyond the original author, though recent Queensland legislation has introduced important exemptions and defences for certain online actors.

AustraliaLitigation, Mediation & Arbitration

Stonegate Legal