Abou-Haidar v Consolidated Wire Pty Ltd

Abou-Haidar brought a claim against Consolidated Wire Pty Ltd for additional lump sum compensation after suffering a thoracic spine injury. The dispute centred on whether a further assessment was necessary to establish any deterioration in the worker's condition since the initial injury claim. The matter was heard in the Workplace Injury Rehabilitation and Compensation Appeal Tribunal of Queensland.

The central issue for the tribunal was whether, in cases where the injury itself is not contested, the worker is still required to establish a deterioration in their condition since the initial injury claim in order to be entitled to additional compensation. The tribunal examined whether the worker must demonstrate that their current state is worse than when the initial claim was made, or if the concession of the injury alone suffices.

The tribunal found that, in such circumstances, the worker need not establish a deterioration in their condition since the initial injury claim. The tribunal revoked the Arbitrator’s determination and directed that the matter be remitted to another arbitrator for a teleconference, and potentially to an Approved Medical Specialist for further assessment of the worker's whole person impairment. The tribunal also ordered the employer to pay the worker's costs of the appeal. If Dr O’Neill conducts a further whole person impairment assessment, the parties are given liberty to apply to an arbitrator in respect of costs of the arbitration.