BOH v Engineering Solutions and Services Pty Ltd

The case of BOH v Engineering Solutions and Services Pty Ltd involved a dispute concerning the nature and ongoing effects of injuries sustained by the applicant, who fell from a ladder in 2020 and was paid compensation for 173 weeks. The applicant sought to establish that he was unable to work additional hours that would increase his earnings and thus entitled to ongoing weekly compensation. The respondent argued that the applicant had current work capacity and that the ongoing effects of his physical injuries were not supported by evidence. The Commission was required to determine whether the applicant had established that he was incapable of working additional hours that would increase earnings and whether he was entitled to ongoing weekly compensation.

The Commission examined the evidence and found that the applicant did not establish that he was incapable of working additional hours that would increase earnings. The Commission noted that multiple doctors supported the finding of a somatic pain disorder caused by the work injury, but the absence of evidence supported the ongoing effect of the physical injuries. The Commission also found that the adverse credit findings were based on misrepresentation in the tax return and evidence, and inconsistent histories to doctors. The Commission applied the principles from BFZ v Inner West Council and Wright v State of NSW and held that it was not required to determine the precise diagnosis of the psychological condition. The Commission further applied the principles from Roberts v University of Sydney and held that the applicant did not establish that he is incapable of working additional hours that would increase earnings.

The Commission held that the applicant was entitled to a general order under section 60 related to the finding of an ongoing psychological condition. The Commission awarded the respondent in respect of the claim for weekly compensation pursuant to section 38 of the Workers Compensation Act 1987 and ordered that the respondent pay the applicant’s section 60 expenses based on a general order from 10 April 2024 to date and continuing related to the applicant’s psychological injury. The decision was to be de-identified prior to publication to include, at least, pseudonyms for the applicant and the associated companies.