Ceric and Prosegur Australia Pty Ltd (Compensation)

This matter concerned an appeal by Mr Ceric against a decision by Prosegur Australia Pty Ltd to cease payments for medical expenses and incapacity for work. Mr Ceric had sustained a back and neck injury on 24 May 2012 while employed as a security guard. The employer had initially accepted liability for the injury. The appeal was heard by Deputy President J W Constance.

The primary legal issues before the Tribunal were whether Mr Ceric was entitled to compensation for medical expenses incurred in relation to his injury from 4 August 2012 onwards, and whether he was entitled to incapacity payments for any period on or after that date. The Tribunal was required to determine if Mr Ceric had ceased to suffer the effects of the compensable injury to the extent that he no longer reasonably required medical treatment or was incapacitated for work.

The Deputy President found that there was an evidentiary burden on Prosegur to demonstrate that Mr Ceric had ceased to suffer from the effects of the injury. The Tribunal accepted Mr Ceric's evidence that he continued to experience constant neck pain and persistent back pain, requiring medication. The Deputy President also considered the medical evidence, including reports from Dr Searle, an orthopaedic surgeon, which indicated that the work injury had aggravated pre-existing spinal conditions and that there was objective evidence to support Mr Ceric's complaints. The Tribunal was not satisfied that Mr Ceric had recovered from the effects of the injury.

Consequently, the reviewable decision to cease payments was set aside. The Tribunal determined that compensation was payable to Mr Ceric in respect of medical expenses and incapacity for work for the period from 4 August 2012 until 30 November 2016.