Dale and BIS Industries Limited (Compensation)

This matter concerned an appeal by an employee against a decision by QBE, affirming a previous determination that the employee was not entitled to further compensation. The dispute centred on the employee's capacity to earn income in suitable employment following an injury. The case was heard by Deputy P McDermott Rfd P.

The primary legal issue before the Tribunal was to determine the applicant's ability to earn income in suitable employment, as contemplated by section 19 of the relevant Act. This involved assessing whether the applicant's earning capacity was correctly calculated by the respondent and whether the respondent had a present liability to pay compensation from a specific date. A secondary issue concerned the applicant's entitlement to compensation for medical expenses.

The Tribunal considered various medical reports detailing the applicant's left elbow injury, which included tears to the extensor tendon and collateral ligaments. Medical opinions varied regarding the applicant's fitness for duty and the necessity for further treatment, with some recommending surgery and others deeming the applicant fit for light or sedentary duties. The respondent argued that the applicant's ability to earn income in suitable employment was equal to his normal weekly earnings, thus resulting in nil compensation payable. However, the Tribunal found that the applicant was unable to earn any income in suitable employment.

Consequently, the Tribunal set aside the reviewable decision and substituted a new decision finding the applicant entitled to compensation for incapacity for work from a specified date. The matter was remitted to the respondent for the calculation of incapacity payments. The Tribunal also affirmed the decision regarding medical expenses.