Hilbert and Linfox Australia Pty Ltd (Compensation)

This matter concerned an appeal by Mr Hilbert against a decision by Linfox Australia Pty Ltd to deny him workers' compensation. Mr Hilbert alleged he sustained an injury to his back when he fell from a height of two meters at his workplace on 9 March 2022. Linfox denied liability, disputing whether the injury identified on an MRI was work-related and suggesting a pre-existing degenerative condition or another event may have caused the injury. The case was heard by Ms A E Burke, Member, of the Tribunal.

The Tribunal was required to determine whether Mr Hilbert had suffered an injury, and if so, whether his employment with Linfox contributed to that condition or its aggravation to a significant degree. Alternatively, the Tribunal had to consider if Mr Hilbert suffered an injury other than a disease, and if that injury arose out of, or in the course of, his employment. If either of these questions were answered affirmatively, the Tribunal then had to decide if Linfox was liable to pay compensation.

The Tribunal found that Mr Hilbert had suffered an injury at work which resulted in his back condition, and that he continued to require medical treatment for this injury. The Tribunal noted that the inability to identify a fracture on the initial CT scan did not conclusively prove that Mr Hilbert had not sustained an injury from the fall. Regardless of the radiological findings, Mr Hilbert experienced and continued to suffer pain in his lower back. The Tribunal considered that both the CT scan and a subsequent MRI showed a radiological finding at the same location, and concluded that there was no other plausible explanation for Mr Hilbert’s back injury than the fall on 9 March 2022. Consequently, the Tribunal found Linfox liable to pay Mr Hilbert compensation for the injuries suffered in the course of his duties.