Workers Compensation Lawyer – Hours of work and study not to be aggregated in assessment of working capacity
A worker injured her elbow and wrist when she was employed by Aldi as a buying administration assistant. She had some time off work to recover from her injuries.
When she returned she was involved in a series of conflicts with her employer which led to a psychological injury. Her claim for this injury was denied on the basis that she did not suffer a psychological injury, or if she did, it was the result of reasonable action on the employer’s behalf with respect to performance appraisal and discipline.
The Arbitrator found in the worker’s favour, awarding weekly payments for a closed period and medical treatment expenses.
However the worker appealed the decision on two grounds.
First, that the Arbitrator erred in limiting her payments by one year short of what was claimed. This was conceded by the respondent.
The second issue raised on appeal was concerning the Arbitrator’s findings that the worker had capacity to work for 30 hours per week as a librarian, that work as a ‘librarian’ was reasonably accessible, and part-time online study was ‘in addition to’ her capacity to work. The worker also argued that more consideration should have been given to treating doctors evidence.