Trigger warning: This blog contains mention of attempted suicide and death. Reader discretion is advised.
The case of Ironmonger v Gunnedah Shire Council [2021] NSWPIC 48 is a recent decision of the Personal Injury Commission (‘Commission’). The decision discusses intervening acts that may amount to a break in the chain of causation in workers compensation claims. The worker’s dependent father sought death benefit compensation following the death of his son (‘the deceased’) allegedly it was a result of an accepted psychological injury.
The deceased had attempted suicide and was treated at Tamworth Base Hospital but unfortunately passed away a few days later.
Gunnedah Shire Council (the deceased’s employer) disputed liability arguing that the treatment administered by Tamworth Base Hospital was so ‘inexcusably bad’ that it served as an intervening act (novus actus interveniens) and broke the chain of causation. For a break in the chain of causation to be found, the death of the deceased must have been caused by the medical treatment and not the accepted psychological injury.
The Commission held that the treatment administered by Tamworth Base Hospital was not so ‘inexcusably bad’ that it broke the chain of causation. It was accepted that the death of the deceased was a result of the sustained psychological injury. The deceased’s father was awarded death benefits and funeral expenses under the Workers Compensation Act.
If reading this blog has upset you, or caused you emotional distress, and you would like some support and counselling, we encourage you to reach out to one of the leading support services listed below.
Beyondblue https://www.beyondblue.org.au/ 1300 224 636
MensLine Australia https://mensline.org.au/ 1300 789 978
Lifeline https://www.lifeline.org.au/ 13 11 14
