Tubic v YMCA Sydney [2002] NSWCC 21

Tubic v YMCA Sydney [2002] NSWCC 21

The court found that the applicant's evidence was not credible and was not supported by contemporaneous medical records, timely reporting to the employer, or corroboration by co-workers. The evidence did not satisfy the court that any injury to the foot, back, or psychological state was caused by work on 28 December 1999.

Parties
Applicant: Mara Tubic; Respondent: Y on the Park
Jurisdiction
Australia
Judgment Date
26 March 2002
Procedural Posture
Compensation Claim / Judgment
Outcome
Award for the respondent
Legal Topics
Elements of Workers Compensation, Assessment of Injury, Credibility of Evidence
Workers Compensation Elements of Workers Compensation Assessment of Injury Credibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Mara Tubic

Applicant

Y on the Park

Respondent

Procedural Posture

Compensation Claim / Judgment

Legal Issues

  1. 1 Whether the applicant suffered a work-related injury to her right foot on 28 December 1999
  2. 2 Whether the applicant suffered a work-related back injury
  3. 3 Whether the applicant suffered a psychological injury as a consequence of a work injury

Ratio Decidendi

The court found that the applicant's evidence was not credible and was not supported by contemporaneous medical records, timely reporting to the employer, or corroboration by co-workers. The evidence did not satisfy the court that any injury to the foot, back, or psychological state was caused by work on 28 December 1999.

Court Disposition

Award for the respondent

Orders

  • Claim dismissed; award entered for the respondent