Robinson v Commissioner for Police, NSW Police Force [2013] NSWIRComm 1019

Procedural Posture

Notice of Motion Seeking a Determination Pursuant to S.175 of the Industrial Relations Act 1996 in Substantive Reinstatement Proceedings Pursuant to S.242 of the Workers' Compensation Act 1987 / Interlocutory Application

Legal Issues

1. 1 ['Whether the respondent was estopped by convention from leading evidence that the applicant was not fit for pre-injury duties.' 'Whether the Commission had power under s.175 of the Industrial Relations Act 1996 to determine the asserted estoppel by convention.' "Whether the conduct of the respondent's workers' compensation insurer gave rise to a mutual assumption binding the respondent." 'Whether the applicant suffered detriment sufficient to support an estoppel by convention.' "Whether the insurer was the respondent's agent for the purposes of an application under s.242 of the Workers' Compensation Act 1987."]

Ratio Decidendi

No estoppel by convention arose because the applicant had made a representation of medical fitness to the insurer and the insurer acted on that representation for workers' compensation purposes; there was no joint or mutual assumption or agreement adopted by the applicant and respondent, no sufficient detriment because cessation of payments was the statutory consequence of the applicant advising fitness, and the insurer was not shown to be the respondent's agent for the purposes of the s.242 application.

Court Disposition

Application for declaration pursuant to s.175 dismissed

Orders

• ['The Notice of Motion is dismissed.']