Department of Health NSW Ambulance Service v Kirkpatrick

The New South Wales Court of Appeal considered the dispute between the Department of Health (NSW Ambulance Service) and Mr Kirkpatrick. The case concerned the interpretation and application of the *Workers Compensation Act 1987* (NSW) in relation to a claim for workers compensation benefits.

The primary legal issue before the Court of Appeal was whether Mr Kirkpatrick was entitled to an award of weekly compensation payments under section 40 of the *Workers Compensation Act 1987* (NSW) for a period of incapacity that arose after he had returned to work. Specifically, the Court had to determine whether the subsequent incapacity was a recurrence of the original injury or a new injury.

The Court of Appeal analysed the principles governing recurrence of injury in workers compensation law. It was held that for a subsequent period of incapacity to be considered a recurrence of the original injury, there must be a causal connection between the original injury and the subsequent incapacity. This connection requires more than mere coincidence; it necessitates a demonstration that the original injury predisposed the worker to the subsequent incapacity. The Court found that the evidence did not establish the requisite causal link, and therefore, the subsequent incapacity was not a recurrence of the original injury for the purposes of section 40.

The appeal was allowed, and the orders of the primary judge were set aside.