Grima and K & S Freighters Pty Ltd (Compensation)

This matter concerned an application by Mr Grima against K & S Freighters Pty Ltd regarding compensation for a workplace injury. The central dispute revolved around whether Mr Grima had a reasonable excuse for failing to undertake a rehabilitation program, specifically the final element of SDP 5.1, on 7 February 2022. The case was heard by Dr Stewart Fenwick, Senior Member.

The legal issue before the Tribunal was to determine if Mr Grima had a reasonable excuse for not attending work to complete the last part of his rehabilitation program. This required considering the meaning of "undertake" in the context of rehabilitation programs and assessing whether Mr Grima's mental state, purportedly deteriorating upon receiving draft SDP 6, constituted a valid reason for non-compliance with SDP 5.1. The Tribunal also considered the conduct of the Respondent in developing and presenting the rehabilitation programs.

The Tribunal reasoned that while Mr Grima's mental state was a relevant consideration, the evidence did not unequivocally demonstrate a further deterioration prior to his medical appointments in early February 2022. Particular weight was given to the opinion of Dr Mohr, Mr Grima's treating specialist, who considered Mr Grima fit to complete the duties outlined for the week of 7 February 2022 and that it was in his best interests to do so. The Tribunal noted that Mr Grima had been aware for some time that his usual regional run had been contracted out, and that prior rehabilitation programs had been developed consultatively. The Tribunal found that the inclusion of the regional run in draft SDP 6 was an administrative error that could be rectified, and that Mr Grima's capacity to engage legal advisers indicated he had the faculties to confront his concerns.

Ultimately, the Tribunal affirmed the original determination that Mr Grima was required to undertake SDP 5.1, finding it to be reasonable in all the circumstances, particularly based on Dr Mohr's opinion. The Tribunal concluded that Mr Grima had wholly ceased performance of the program without a reasonable excuse.