QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: | Aldi Stores (A Limited Partnership) v Workers' Compensation Regulator [2019] QIRC 051 |
PARTIES: | Aldi Stores (A Limited Partnership) v Workers' Compensation Regulator |
CASE NOS: | WC/2017/108 and WC/2017/163 |
PROCEEDING: | Application in existing proceedings |
DELIVERED ON: | 25 March 2019 |
HEARING DATES: | 7 February 2019 |
MEMBER: HEARD AT: | Thompson IC Brisbane |
ORDERS: | 1. Application granted. 2. Pursuant to s 556 of the Workers' Compensation and Rehabilitation Act 2003, Linda Quelch is required to submit to a medical examination with either Dr Prue Fitzpatrick, Orthopaedic Surgeon or Dr Brett Halliday, Orthopaedic Surgeon at a time and place to be determined. 3. The Applicant is required to make the arrangements regarding the appointment and in doing so provide reasonable notice to Linda Quelch of the date, time and location of the appointment. 4. The costs of the medical examination including all reasonable travel costs to and from the medical examination are to be met by the Applicant. 5. If without reasonable excuse Linda Quelch does not attend the medical examination with either Dr Prue Fitzpatrick or Dr Brett Halliday on the date, at the time and location determined, she will be required to reimburse the Applicant for costs reasonably incurred in relation to the medical examination. 6. The report provided at the conclusion of the examination is to be provided to the Regulator no later than seven days after such report has been received. 7. The party's costs of this application be reserved to the Member hearing the appeal. |
| CATCHWORDS: | WORKERS' COMPENSATION ‑ APPEAL AGAINST DECISION ‑ INDUSTRIAL LAW - Application in existing proceedings - Medical examination - Legislation - Application granted pursuant to conditions of Order. |
LEGISLATION: CASE: | Workers' Compensation and Rehabilitation Act 2003, s 32, s 108, s 552, s 556 Charters Towers Regional Council v Workers' Compensation Regulator [2019] QIRC 027 |
| APPEARANCES: | Mr S. Gray of Counsel, instructed by Hentys Lawyers for the Appellant. Ms A. Schultz of the Workers' Compensation Regulator, Respondent. Ms L. Quelch. |
Reasons for Decision
Background
An Application in Existing Proceedings was lodged with the Industrial Registrar on 17 December 2018 by Aldi Stores (A Limited Partnership)(applicant) in which they sought pursuant to s 556 of the Workers' Compensation and Rehabilitation Act 2003 (the Act) that the worker Linda Quelch (Quelch) submit to a medical examination with either Dr Prue Fitzpatrick (Dr Fitzpatrick), Orthopaedic Surgeon or Dr Brett Halliday (Dr Halliday), Orthopaedic Surgeon, on a date, at a time and at a location as set out in Annexure 1.
The costs of the workers' medical examination with either medical specialist including reasonable travel costs, incurred by the worker, to and from the medical examination be paid by the applicant.
If the worker without reasonable excuse does not attend the medical examination with either medical practitioner at the date, time and location then the worker be required to reimburse the applicant for costs reasonably incurred in…
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- Case
- [2019] QIRC 51
- Decision Date
CaseChat Overview and Summary
The key issue was whether the medical evidence was sufficiently ambiguous to warrant an additional examination. The Tribunal considered that there were legitimate concerns about the consistency of the medical evidence, particularly regarding the cause, nature, and extent of the worker's injuries. This ambiguity was sufficient to meet the threshold requirements of s 556(1)(b) of the Act. Additionally, the worker had already undergone two independent medical evaluations, which did not alleviate the need for further clarity on the contested issues. The Tribunal concluded that the application met the statutory criteria and granted the application with specific conditions to ensure the worker's rights and the fairness of the process were upheld.
The Tribunal granted the application and ordered that the worker undergo a medical examination with either Dr Prue Fitzpatrick or Dr Brett Halliday, both Orthopaedic Surgeons. The costs of the examination, including reasonable travel costs, were to be borne by the applicant. The Tribunal also stipulated that if the worker failed to attend the examination without reasonable excuse, she would be required to reimburse the applicant for the incurred costs. Furthermore, the report from the examination had to be provided to the Regulator within seven days of its completion. Finally, the costs of the application were reserved to the Member hearing the appeal.
Orders
Orders of the court
1. Application granted.
2. Pursuant to s 556 of the Workers' Compensation and Rehabilitation Act 2003, Linda Quelch is required to submit to a medical examination with either Dr Prue Fitzpatrick, Orthopaedic Surgeon or Dr Brett Halliday, Orthopaedic Surgeon at a time and place to be determined.
3. The Applicant is required to make the arrangements regarding the appointment and in doing so provide reasonable notice to Linda Quelch of the date, time and location of the appointment.
4. The costs of the medical examination including all reasonable travel costs to and from the medical examination are to be met by the Applicant.
5. If without reasonable excuse Linda Quelch does not attend the medical examination with either Dr Prue Fitzpatrick or Dr Brett Halliday on the date, at the time and location determined, she will be required to reimburse the Applicant for costs reasonably incurred in relation to the medical examination.
6. The report provided at the conclusion of the examination is to be provided to the Regulator no later than seven days after such report has been received.
7. The party's costs of this application be reserved to the Member hearing the appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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