Council worker appeals compo denial following trauma from abusive community members

After suffering shocking abuse from pet owners and ratepayers a former Gladstone Regional Council worker has made a bid to get workers compensation after her original claim was denied.

After years of legal battles, a former Gladstone Regional Council worker has been awarded compensation for a mental illness formed due to abuse from community members, after Queensland Local Government Workcare rejected her insurance claim.

Aleesha Elizabeth Skinner, represented by Chris Trevor & Associates and barrister Scott Moon, was diagnosed with major depressive disorder with psychotic features after suffering from comments made by angry ratepayers and pet owners, the Queensland Industrial Relations Commission in Gladstone heard.

She began working for the council in March 2015.

Mrs Skinner moved into a role working with animals, but was called names like “stupid”, bi---” and “mole” by angry pet owners, the commission heard.

A caller also threatened to shoot her over a complaint about roaming dogs.

But there were more incidents that followed throughout her employment with the council.

“I was at the supermarket with my daughter, and we were putting things on the conveyor thing at the check-out, and I had the person in front of me and also the person at the check-out have a go at me about rates and the cost and nothing being done,” Mrs Skinner told the commission.

“It rattled me a fair bit, especially ‘cause I did have my daughter with me as well and I did steer clear of that supermarket.”

She was in her work uniform at the time of this incident in 2015.

The commission heard that Mrs Skinner recounted that calls about unpaid animal registrations were more likely to be abusive.

Mrs Skinner quit her job in mid-August 2017.

LGW rejected Mrs Skinner’s application, citing insufficient evidence that the events led to her developing major depression with psychotic features.

She applied to the Workers’ Compensation Regulator on February 13, 2020 to review the decision, but her appeal fell flat on May 14, 2020.

The Regulator, represented by barrister Ben McMillan, was the defendant in this matter.

Commission member Roslyn McLennan had to decide whether the psychiatric injury was caused during, or because of, Mrs Skinner’s employment.

The commission heard evidence from mental health professionals and Mrs Skinner’s husband and father-in-law.

“I have carefully considered and weighed the factors found to be significant in the development of the psychiatric disorder. That is, physical illness, genetic vulnerability and past history, and work,” Ms McLennan said in her judgment

“I have found there to be insufficient evidence before me to conclude the existence of such severe chronic sinusitis or other physical illness causing extended contracted pain at a level of severity as to trigger the onset of such a severe psychiatric condition.

“My consideration then turned to whether it was Aleesha’s genetic vulnerability and past history or her employment that was the “major” significant contributing factor to her injury.”

Ms McLennan said it was accepted Mrs Skinner’s mental illness was caused by multiple factors.

“I recognise that the medical experts have opined that while the condition can emerge without a trigger, that is not always the case and there are “so many factors” here.”

She ruled, on the balance of probabilities, that Mrs Skinner’s condition was not caused by external conditions.

Mrs Skinner was granted compensation with the defendant to pay her legal costs.

Council’s response

In a statement to The Observer, the council said it sought to support staff at all times in the performance of their roles and interaction with members of the public.

“Council cannot comment on current matters before the court,” the statement read, although judgment has been handed down.

“Unfortunately, our officers have to occasionally deal with aggressive customers and we urge members of the public to treat council officers with respect.

“Experiencing aggression is not accepted as part of anyone’s job.”