Blackney and Svitzer Offshore Pty Ltd (Compensation)

This matter concerned an appeal by Mr Blackney against a determination made by the respondent, Svitzer Offshore Pty Ltd, regarding compensation for attendant services. The dispute arose from the respondent's decision to reduce the level of home and personal care services provided to Mr Blackney, which he contended was insufficient to meet his needs arising from accepted work-related injuries. The case was heard by Deputy Commissioner Christopher Kendall P.

The primary legal issue before the Tribunal was whether the respondent's determination to reduce Mr Blackney's attendant services was correct, having regard to his ongoing care needs and the statutory limits on compensation for such services. This involved assessing the evidence presented by both parties concerning the nature and extent of Mr Blackney's injuries, his functional capacity, and the necessity of the care services he was receiving. The Tribunal was required to consider the adequacy of the respondent's assessment process and whether it had properly accounted for all relevant factors in making its determination.

The Tribunal found that the determination under review was defective. It noted that Mr Blackney's witness statement detailed a progression of his injuries, including increased shoulder and arm pain, loss of feeling in his fingertips, and the need for significant assistance from a neighbour who had become a voluntary carer. While the respondent had arranged for some cleaning and gardening services, and later an "Activities of Daily Living Assessment" by Ms Parker Doney, the Tribunal concluded that further specialist medical assessment was required. Specifically, it directed that Mr Blackney be referred to a Neurologist or Neurosurgeon for assessment, the report of which was to be provided to an Orthopaedic Surgeon for further reporting. Subsequently, a Perth-based medicolegal Occupational Therapist was to complete an Activities of Daily Living Assessment, taking into account the specialist medical reports.

In light of the defective determination and the need for further assessments, the Tribunal set aside the respondent's decision and remitted the matter back to the respondent with directions. Crucially, the Tribunal ordered that until a new determination was made based on the Occupational Therapist's report, Mr Blackney was to continue receiving care on the terms of an interim agreement in place for the period 5 March 2015 to 5 April 2015. This interim agreement provided for 7 hours per week of home services, comprising 6 hours of cleaning and 1 hour of garden maintenance.