Royal Perth Hospital v Morris

Royal Perth Hospital appealed against an arbitrator's decision that found in favour of Mrs Morris, the respondent, in relation to a claim for weekly payments due to a recurrence of her injury. The nature of the dispute was whether Mrs Morris was entitled to weekly payments for a recurrence of her injury, specifically in relation to a claim for partial incapacity. The appeal was heard in the Workers' Compensation Appeal Tribunal of Western Australia. The legal issue before the court was whether the employer had successfully rebutted the worker's prima facie evidence of her earnings from suitable employment following a recurrence of her injury. The court needed to determine if the employer had established that the worker was able to earn more in another occupation or position.

The court found that Mrs Morris had established a prima facie case that she was earning in suitable employment following the recurrence of her injury. The court held that it was well established law that where a worker was employed at the time of hearing for weekly payments and produced evidence of their earnings, this was prima facie evidence of earnings from suitable employment. The onus then shifted to the employer to show that the worker had a greater earning capacity. The employer did not produce any evidence to rebut the worker's claim that she could not work more hours due to her injury, nor did they produce any evidence that alternative duties were offered to the worker or that they were appropriate. The court found that Mrs Morris had made a proper claim for a recurrence of her injury, and the employer did not produce any evidence that alternate duties were offered to Mrs Morris or that they were appropriate to available.

In light of the above, the court upheld the arbitrator's decision in favour of Mrs Morris. The employer's appeal was dismissed, and the respondent's claim for weekly payments was successful. The court found that the employer had not successfully rebutted the worker's prima facie evidence of her earnings from suitable employment following the recurrence of her injury. The employer's failure to provide evidence that alternative duties were offered or that they were appropriate meant that the worker's prima facie case remained conclusive.