Faulks and BIS Industries Limited (Compensation)

The applicant, Mr. Faulks, sought review of decisions that rejected his claim for compensation for surgery performed on his L5/S1 disc. The respondent was BIS Industries Limited. The dispute centred on whether the surgery, performed in November 2016, constituted medical treatment obtained in relation to an accepted injury sustained in 2011 at the L4/L5 level, or if the L5/S1 condition was a disease significantly contributed to by his employment. The matter was heard by Presiding D O'Donovan, SM.

The court was required to determine two primary legal issues. Firstly, whether the surgery to the L5/S1 disc was undertaken "in relation to" the accepted L4/L5 injury, as required by section 16 of the SRC Act. This involved examining the purpose of the surgery and its connection to the applicant's prior accepted injury. Secondly, the court had to consider whether the L5/S1 condition was a disease significantly contributed to by the applicant's employment, potentially falling under section 14 of the SRC Act, particularly in light of an altered gait resulting from the earlier L4/L5 injury.

The court reasoned that the applicant's submission that the surgery was to restore his gait to a previous baseline, thereby linking it to the accepted L4/L5 injury, was not supported by the full context of the medical evidence. It was found that the surgery was primarily aimed at addressing new symptoms and deterioration at the L5/S1 level, including nerve compression affecting the right leg, which evolved beyond the scope of the original L4/L5 injury. The court also considered the applicant's extensive history of heavy manual labour, which contributed to spinal degeneration. Ultimately, the Tribunal was satisfied that the applicant had a compensable injury at the L5/S1 level. The reviewable decisions were set aside, and the Tribunal found the applicant had a compensable injury at the L5/S1 level.