Rutter and Linfox Australia Pty Ltd (Compensation)

Mr Rutter sought review of a decision by Linfox Australia Pty Ltd (the Respondent) that affirmed a previous determination regarding his claim for workers' compensation. The dispute concerned Mr Rutter's entitlement to compensation for medical treatment expenses and incapacity benefits arising from a lower back injury. The matter was heard by A Poljak SM.

The court was required to determine whether Mr Rutter was entitled to compensation for medical treatment expenses under section 16 of the *Safety, Rehabilitation and Compensation Act 1988* (SRC Act), considering the reasonableness of the treatment and the appropriateness of the claimed amount. Additionally, the court needed to assess whether Mr Rutter's injury resulted in a permanent impairment and, if so, to what extent, including the appropriate whole person impairment (WPI) rating and scores for non-economic loss.

The court reasoned that while the Respondent conceded Mr Rutter had not submitted documentation for medical expenses incurred after 14 January 2015, and acknowledged a recommendation for ongoing occasional treatment such as physical therapy, hydrotherapy, and Pilates, this did not support a finding that Mr Rutter presently required ongoing treatment. The court found that the specialist medical evidence, particularly from Dr New, suggested that Mr Rutter would need occasional treatment in the future, which would be subject to determination under section 16 of the SRC Act. Consequently, the reviewable decision was set aside and remitted with a direction that Mr Rutter was entitled to compensation under sections 24 and 27 of the SRC Act for permanent impairment of his lower back condition, assessed at 13% WPI. For non-economic loss, the court determined that scores of 2 for pain, 3 for recreation and leisure activities, and 1 for other loss were appropriate under the Comcare Guide.