Mazuran v Lake Macquarie Sheet Metal Pty Ltd

The applicant, Mazuran, brought a claim against Lake Macquarie Sheet Metal Pty Ltd, seeking compensation for a mobility scooter which they claim is reasonably necessary as a result of an accepted lower back injury. The matter was heard in the Personal Injury Commission, a tribunal with jurisdiction over workers' compensation claims in New South Wales. The legal issues before the Commission were whether the mobility scooter was reasonably necessary medical or related treatment and whether the respondent was liable to pay for the costs of the scooter.

The Commission found that the mobility scooter was reasonably necessary as a result of the accepted lower back injury. The Commission noted that the applicant's condition had deteriorated to the point where they were unable to walk more than short distances without experiencing pain and that the scooter was necessary to enable the applicant to maintain their independence and mobility. The Commission also found that the respondent was liable to pay the costs of the scooter, as it was reasonably necessary treatment related to the accepted injury. The Commission noted that the respondent had not disputed the necessity of the scooter but had instead argued that the particular model claimed was not reasonably necessary. However, the Commission found that the model claimed was appropriate and reasonable.

The Commission ordered that the respondent pay the costs of and incidental to a mobility scooter. The Commission also made an order that the painting services claimed by BLI were not attendant care services within the definition in s 1.4 of the Motor Accident Injuries Act 2017 and did not therefore come within the definition of "treatment and care" for which the claimant is entitled to receive statutory benefits under Division 3.4 of the Act. The Commission referred the application for medical assessment back to the Personal Injury Commission for determination.