Pearson and Prosegur Australia Pty Ltd (Compensation)

This matter concerned an application for review of a decision by the Respondent, Prosegur Australia Pty Ltd, to cease incapacity payments to the Applicant, Mr. Pearson, who was employed as an armoured vehicle operator. The Applicant claimed to have sustained a soft tissue injury to his left neck and shoulder musculature on 30 January 2018, following a workplace incident where a vehicle’s bumper struck his foot, causing him to fall. The Respondent initially accepted the injury but later determined it was no longer liable to pay incapacity payments, asserting the Applicant had returned to his pre-injury hours with only minor duties. The Applicant sought a review of this decision, arguing he was still suffering from the injury and experiencing pain during his return to work.

The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant had provided sufficient evidence to establish that, as at 26 June 2018 and thereafter, he was suffering from an injury for which the Respondent remained liable to pay incapacity payments under section 19 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act). Additionally, the Tribunal needed to consider whether the Applicant had demonstrated that, after 31 December 2018, he was suffering from an injury that would make the Respondent liable for the payment of reasonable treatment expenses under section 16 of the SRC Act, and if so, what that reasonable treatment entailed.

The Tribunal found that the Applicant had failed to adduce sufficient probative evidence to satisfy the requirements of the SRC Act. Specifically, the Tribunal noted a lack of evidence demonstrating the Applicant's ongoing incapacity for work as of 26 June 2018 and beyond, or evidence supporting liability for future medical treatment expenses under section 16. The Tribunal also highlighted the absence of evidence detailing what "reasonable treatment" the Applicant had received or sought after 31 December 2018, which would have been necessary for a determination of liability under section 16.

Consequently, the Tribunal affirmed the Respondent's decision dated 16 August 2018, which upheld the determination of 26 June 2018 to cease incapacity payments. The Tribunal also affirmed the decision dated 26 September 2018, which had set aside a previous determination and substituted it with one accepting liability for certain pharmaceutical expenses and GP reviews up to 31 December 2018 (later varied to 1 January 2019).