Workers Compensation Case Update- Workplace Disease Injuries​

By

Emma Thomson & Taylor O’Connor

|

17/11/2025

Workers Compensation Case Update- Workplace Disease Injuries

The Personal Injury Commission has delivered a significant ruling in the case of Napper v Buckley’s Rural Services Pty Ltd [2025] NSWPIC 456. This case highlights the challenges for workers suffering from diseases incurred in the workplace and the complexities surrounding their workers compensation entitlements.

Key Highlights:

Background

The Applicant, Tye Napper is a young man battling end-stage renal failure, and brought forward a claim against his former employer, Buckley’s Rural Services Pty Ltd, asserting that his kidney disease was caused by prolonged exposure to toxic chemicals during his employment as a weed sprayer. His condition has had a devastating impact on his life, requiring regular dialysis and placing him on the kidney transplant list.

Decision

1. Employment as the Main Contributing Factor:The Personal Injury Commission determined that Mr Napper’s kidney disease was contracted in the course of his employment, with his exposure to herbicides and organophosphates being the primary cause. This decision was supported by the expert testimony of Professor David Gracey, a renal physician, who provided compelling evidence linking the disease to occupational exposure.

1. Deemed Date of Injury: The injury was deemed to have occurred on 12 July 2018, the date of the Applicant’s first incapacity following a kidney biopsy. This date is critical for determining his entitlements under the Workers Compensation Act 1987 (NSW).
2. Medical Expenses: While the Personal Injury Commission acknowledged the necessity of medical treatment for the Applicant’s condition, it found insufficient evidence to support claims for medical waste disposal costs. However, compensation was awarded for other incurred medical expenses.

The Commission’s decision reflects the challenges in proving causation in disease-related workers’ compensation claims.

Foye Legal can assist workers navigate their workers compensation entitlements. Contact Foye Legal for a confidential discussion today.

Read the full case details here: Napper v Buckley’s Rural Services Pty Ltd [2025] NSWPIC 456