Kumar v Royal Comfort Bedding Pty Ltd

Kumar brought a claim against Royal Comfort Bedding Pty Ltd in the NSW Supreme Court, arguing that his right shoulder condition was a consequential condition of his back injury sustained during employment. The dispute centred on whether Kumar’s shoulder condition arose from his mobilising activities while recuperating from his back surgery. The court was required to determine if the shoulder condition was a direct consequence of the original back injury and, if so, whether the proposed shoulder surgery was reasonably necessary treatment.

The court applied the principles established in Kooragang Cement Pty Ltd v Bates to assess the causal link between Kumar’s shoulder condition and the back injury. It scrutinised the medical evidence provided, considering whether the shoulder condition was a natural and foreseeable result of the activities undertaken while recovering from the back injury. The court also examined whether the proposed shoulder surgery was a necessary treatment resulting from the original injury. The court found that Kumar’s shoulder condition was indeed a consequential condition of the back injury and remitted the claim for the cost of the proposed surgery to an Approved Medical Specialist for further assessment.

The court revoked the Arbitrator’s determination and substituted it with specific orders. Firstly, it ruled that Kumar’s right shoulder symptoms were a result of the back injury. Secondly, the claim for hospital and medical expenses related to the proposed shoulder surgery was referred to an Approved Medical Specialist to determine if the surgery was reasonably necessary treatment for the back injury. Finally, the court reserved the matter of costs pending the outcome of the claim, and ordered the employer to pay Kumar’s costs of the appeal.