Event and Time
Event Description
- Parties Involved: Mr. Stewart vs. Secretary, Department of Communities and Justice (QBE Insurance acting on behalf).
- Context: Mr. Stewart, a Senior Prison Officer, suffered two injuries while at work leading to claims for workers' compensation.
Application and Claims
- Claims:
- Mr. Stewart claimed a post-traumatic stress disorder (later injury) following a shoulder injury (earlier injury). - He sought to determine the correct calculation of his pre-injury average weekly earnings based on the "period of unpaid leave" argument stemming from his receipt of workers' compensation payments.
Judicial Decisions
- Initial Ruling: Member Burge decided to exclude the compensation period from the earnings calculation leading to a new averaging period.
- Appeal Outcome: The appeal court allowed the appeal and set aside the previous decision, ruling on the meaning of “unpaid leave” and the relevance of workers' compensation in salary calculations.
Dispute Points and Legal Basis
Dispute Points
- Claimant’s Position (Mr. Stewart):
- Contended that the calculation of his pre-injury average weekly earnings erroneously excluded the time he was incapacitated from work due to the earlier injury, asserting that a proper calculation should consider both injuries and relevant entitlements.
- Respondent’s Position (Secretary/QBE):
- Maintained that the definition of "period of unpaid leave" excludes the time during which Mr. Stewart received compensation for his earlier injury, arguing that absence due to compensable injury is not classified as "leave".