In its first decision of 2016, the Industrial Court of Queensland ruled in Simon Blackwood (Worker's Compensation Regulator) v Civeo Pty Ltd and Anor [2016] ICQ 001 that an assualt to a sleeping worker was compensable under the Worker's Compensation & Rehabilitation Act 2003 (Qld) on the basis he "was doing the very thing the company had encouraged him to do". It is timely reminder to those Councils with large geographical boundaries and in remote regions who accomodate workers particularly in camp arragements while undertaking their jobs.
Background
In the course of his employment, Mr Cumbers was required to travel between five campsites owned by his employer to service each site's commercial appliances. During these services Mr Cumbers took up his employer's offer of onsite accommodation. One evening after the end of the working day, Mr Cumbers joined a group of friends, consumed alcohol and smoked marijuana, and eventually retired to his room. While he was sleeping, he was assaulted by an intruder who entered his room using a master key.
The Court was required to hear an appeal from the decision of the Queensland Industrial Relations Commission that Mr Cumbers was not entitled to workers' compensation for psychiatric injury suffered as a result. The live issues in dispute were whether there was a sufficient nexus between the injury and employment, namely whether the injuries 'arose out of, or in the course of employment' and whether 'employment was a 'significant contributing factor'.
Judgment
Injury 'arose out of, or in the course of, employment'
The Court affirmed the reasoning of the QIRC that the injury arose out of, or in the course of, employment. The injury occurred by reference to a place, being the onsite-site accommodation. Although Mr Cumbers was not required to take up the accommodation, the offer of accommodation was such as to constitute an inducement to be at the 'place', that is the site in question in which the injury took place.
Employment was 'a significant contributing factor'
Although the immediate cause of the injury was due to the assault, rather than the overt negligence of the employer directly causing injury, the Court nonetheless noted this requirement requires consideration of more practical and indirect causes. Importantly, the Court noted with approval that the exigencies of employment must contribute in some significant way to the occurrence of the injury.
In making such finding, the court relied upon the fact that there was a practical requirement Mr Cumber's sleep in the camp, he was assaulted while doing something which his employer would have expected him to do (sleeping), and the employer had imposed policies for employee conduct in the camp designed to create a safe space for greater work performance.
[It should be noted following the Workers' Compensation Rehabilitation and Other Legislation Amendment Bill 2013 (Qld) the threshold for psychiatric injuries has been significantly modified in requiring employment be a 'major significant contributing factor'.]
Comments
This case confirms the adoption of a broad interpretation by Queensland courts, although such expanded scope will have negligible significance to the everyday claims for compensation. However those employers which provide for the accommodation of employees as a necessity of their work ought to consider updating or otherwise reviewing their policies. Where the accommodation is specifically provided by the employing entity, safe and secure systems should be in place to ensure the safety of workers.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
