Hawker Pacific Pty Ltd v Lang

Hawker Pacific Pty Ltd appealed against an arbitrator's decision in which it was found liable to pay compensation to an employee, Mr Lang. Mr Lang had sustained a compensable injury in 2007 and underwent surgery on his left wrist in 2009. He did not make a claim for compensation in respect of the 2009 injury. The employer was found liable for the costs of the 2009 surgery by the arbitrator. The employer appealed against this finding, arguing that there was no necessary connection between the 2007 injury and the 2009 surgery. The employer also argued that the arbitrator had erred in his understanding of the medical evidence. The court was required to determine whether the employer was liable to pay for the costs of the 2009 surgery.

The court found that the employer was not liable to pay for the costs of the 2009 surgery. There was no evidence that the 2007 injury had any necessary connection with the 2009 surgery. The court noted that the proceedings before the arbitrator were not conducted on the basis that the 2009 injury was part of Mr Lang's claim. The court also found that the arbitrator had misunderstood the medical evidence, as there was no evidence of a causal link between the 2007 injury and the 2009 surgery. The court found that the employer was not liable to pay for the costs of the 2009 surgery.

The appeal was allowed, and the decision of the arbitrator was set aside. The matter was remitted to the arbitrator for rehearing in light of the findings of the court. The court found that the employer was not liable to pay for the costs of the 2009 surgery, as there was no necessary connection between the 2007 injury and the 2009 surgery. The court also found that the arbitrator had misunderstood the medical evidence. The employer was not liable to pay for the costs of the 2009 surgery.