A WOMAN employed as a work health safety adviser at Upper Hunter Shire Council in 2017 is seeking compensation after contracting Q fever.
Angela Magnan first made her workers compensation claim in 2018 alleging that she caught Q fever, a bacterial infection which starts in animals such as cattle, sheep and goats and which can cause "a severe flu-like illness", while at work.
Ms Magnan is claiming for weekly benefits, treatment expenses and a lump sum claim.
The council is fighting the claim, questioning whether the infection fits within the definition of an injury, and whether or not her job was the main contributing factor to her contracting it.
The council also questions whether Ms Magnan developed Q fever at all, whether that has incapacitated her for work, and whether she has the right to compensation.
Other issues include, if she does pass those tests, what her entitlement to medical and related expenses might be and whether she is entitled to permanent impairment compensation.
Federal jurisdiction delay
The matter has been back and forth in the Personal Injury Commission because Ms Magnan has since moved to Queensland.
As a rule, the commission cannot determine cases which cross into federal jurisdiction, which occurs when they involve residents of different states, or a state and a resident of another state, on which grounds the commission dismissed the claim.
Ms Magnan then applied to the civil jurisdiction of the NSW District Court to overturn that decision.
Judge Greg Waugh SC has determined this week (August 7) that the issues in dispute involved the exercise of administrative powers, not judicial powers, landing it back in the Personal Injury Commission, where it remains to be heard.
The most recent NSW Health fact sheet on Q fever issued on April 15, 2024, says the infection is spread to humans from cattle, sheep and goats as well as other domestic and wild animals.
What are the symptoms?
Many people with Q fever have no symptoms or only a mild illness, NSW Health says, but those who do become sick often have a severe flu-like illness which emerge about 2-3 weeks after coming into contact with the bacteria.
They typically include high fevers and chills, severe 'drenching' sweats, severe headaches, muscle and joint pains and extreme fatigue.
Patients may also develop hepatitis (inflammation of the liver) or pneumonia (infection of the lungs). Without treatment, symptoms can last from 2-6 weeks.
