APPLICANT WHO SUSTAINED INJURY AS A STONEMASON ALSO ALLEGE TO HAVE OBTAINED A PSYCHIATRIC INJURY WHICH MUST ALSO BE TREATED AS AN EXCLUSION UNDER THE PERSONAL INJURIES PROCEEDINGS ACT
Coleman v Caesarstone Australia Pty Ltd & Ors [2021] QSC 125 (31 May 2021)
This is a case where the applicant questions if a psychiatric injury due to a dust-related condition falls within the exclusion under S. 6(3)(b) of the Personal Injuries Proceedings Act 2002.
Facts:
The applicant is a young man, presently 35 years of age, who alleges he sustained injuries as a result of occupational exposure to respirable crystalline silica dust during the course of his employment as a stonemason for various employers from about 2005 to about October 2018. The primary injury is accelerated silicosis. He has also been diagnosed with a moderately severe adjustment disorder with mixed anxiety and depressed mood, caused by and secondary to the diagnosis of accelerated silicosis. Sadly, the evidence is that the applicant’s life expectancy is significantly reduced as a consequence of his silicosis condition. Dr Edwards, thoracic physician, considers that within four to five years the applicant will need to be considered for a lung transplantation which, if successful, would see him have a life expectancy of six to eight years following the transplant.
The applicant applies for a declaration that the Personal Injuries Proceedings Act 2002 (PIPA) does not apply to any proceeding commenced by him in relation to his claim for damages caused by injuries suffered by him in the course of his employment as a stonemason between 2005 and October 2018.
The proposed pleading that the personal injury suffered by the applicant, to which the declaration sought relates, is accelerated silicosis and the adjustment disorder diagnosed which has resulted from the diagnosis of accelerated silicosis.
By this application, the applicant seeks to clarify the position, pressing for a declaration that the PIPA does not apply.
Issue: Whether or not a psychiatric injury which is secondary to, and caused by, a “dust-related condition”, such as the applicant’s adjustment disorder, also falls within the exclusion under S.6(3)(b) of the PIPA – as a “personal injury that is a dust-related condition”
Law:
- Personal Injuries Proceedings Act 2002 (PIPA) S.6(3)—Also, this act does not apply to: (b) personal injury that is dust-related condition
Analysis:
It is clear that the intention of Parliament in enacting S.6(3)(b) of the PIPA was to facilitate the early hearing and resolution of claims by people suffering from dust-related conditions, unhampered by the procedural requirements of the PIPA.
The clear purpose of the exemption provided for in s 6(3)(b) was to “effectively exempt sufferers of dust-related diseases from key procedural requirements in the legislation”, in order to ensure, as far as possible, that they were not hampered in their ability to obtain an early hearing and resolution of their claims. This was regarded as important because of the significant reduction in life-expectancy for sufferers of these deadly diseases. In that context, an interpretation of the exemption provision which would require a person claiming for a dust-related condition to comply with the procedural requirements of the legislation for a causally related personal injury that is not itself a “dust-related condition” is illogical, unreasonable and inconsistent with the clear purpose of the provision.
This is a case in which a literal interpretation of the words used in S.6(3)(b) would defeat the object of that provision, rather than carry it into effect. A construction which extends the operation of the exemption not only to personal injury which is a dust-related condition, but also to personal injury which results from a dust-related condition, will promote the purpose of the legislation.
Conclusion: Hence, a psychiatric injury which is secondary to, and caused by, a “dust-related condition”, such as the applicant’s adjustment disorder, does not fall within the exclusion under S.6(3)(b) of the PIPA – as a “personal injury that is a dust-related condition”
