Shroder v Matheny Management Services Pty Ltd [2001] NSWCC 114

Shroder v Matheny Management Services Pty Ltd [2001] NSWCC 114

The applicant's abode was the housekeeper's bedroom and the fall occurred while she was making her usual journey from her workplace in the main house to that abode, so the injury occurred on a periodic journey. If that conclusion were wrong, the fall occurred in the course of employment because the respondent permitted, authorised, encouraged and expected her residence in the housekeeper's bedroom and the activity she was undertaking. In any event, the location of the water, the polished floor and the applicant's carrying of food provided by Mrs Matheny showed that employment was a substantial contributing factor, so s 9A did not disentitle her. The injury totally incapacitated her from 1...

Jurisdiction
Australia
Judgment Date
18 May 2001
Procedural Posture
Proceedings to Obtain Compensation / Judgment After Hearing of Amended Application for Determination
Outcome
Award for the applicant.
Legal Topics
['course of Employment' 'periodic Journey' 'section 9 a Substantial Contributing Factor' 'weekly Compensation' 'medical and Related Expenses' 'incapacity for Work']
['workers Compensation' 'employment Law'] ['course of Employment' 'periodic Journey' 'section 9 a Substantial Contributing Factor' 'weekly Compensation' 'medical and Related Expenses' 'incapacity for Work']

Case Brief

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Procedural Posture

Proceedings to Obtain Compensation / Judgment After Hearing of Amended Application for Determination

Legal Issues

  1. 1 ["Whether the applicant's injury occurred on a periodic journey between her place of employment and her abode." "Alternatively, whether the injury occurred in the course of the applicant's employment." 'Whether s 9A of the Workers Compensation Act 1987 disentitled the applicant to weekly compensation.' "The extent and period of the applicant's total or partial incapacity and earning capacity."]

Ratio Decidendi

The applicant's abode was the housekeeper's bedroom and the fall occurred while she was making her usual journey from her workplace in the main house to that abode, so the injury occurred on a periodic journey. If that conclusion were wrong, the fall occurred in the course of employment because the respondent permitted, authorised, encouraged and expected her residence in the housekeeper's bedroom and the activity she was undertaking. In any event, the location of the water, the polished floor and the applicant's carrying of food provided by Mrs Matheny showed that employment was a substantial contributing factor, so s 9A did not disentitle her. The injury totally incapacitated her from 1...

Court Disposition

Award for the applicant.

Orders

  • ['The applicant is awarded $420 per week pursuant to s 36 for the period between 1 November 1999 and 30 April 2000.' 'The applicant is awarded $150 per week pursuant to s 40 for the period between 1 May 2000 and 31 October 2000.' "The respondent is to pay the applicant's medical and related expenses pursuant to s...