Fratar and John Holland Pty Ltd (Compensation)

This matter concerned an appeal by the Applicant, Mr Fratar, against a decision to suspend his compensation payments, except for medical treatment for a left eye injury, cataract, retinal tear, and a secondary adjustment disorder with depressed mood. The suspension was based on the Applicant's failure to undertake a rehabilitation program without reasonable excuse. The Respondent was John Holland Pty Ltd. The decision was made by Deputy I R Hanger Am Qc P.

The primary legal issue before the court was whether the Applicant's failure or refusal to undertake the proposed rehabilitation program was without reasonable excuse. This involved determining the Applicant's capacity to participate in the program, considering the medical evidence presented, and assessing the validity of any reasons provided by the Applicant for his non-compliance.

The court found that the Applicant had conceded he refused or failed to undertake the rehabilitation program, and the evidence clearly established this fact. The court placed significant weight on the independent medical reports from a psychiatrist and an ophthalmic surgeon, both of whom concluded that the Applicant had the capacity to undertake the proposed rehabilitation. The court found the Applicant's evidence to be unreliable, aggressive, and inconsistent, noting that his claims of incapacity were contradicted by evidence of his engagement in other activities, including running a business and working at a service station. The court was satisfied that the medical certificates from the Applicant's treating GP did not justify his refusal to participate in the program, particularly in light of the specialist reports and the Applicant's initial willingness to trial a return to work program.

The court affirmed the reviewable decision, concluding that the Applicant had failed or refused to undertake the rehabilitation program without reasonable excuse, as required by section 37(7) of the Act. Consequently, the suspension of his compensation payments was upheld.