Schembri v Blacktown City Council

The plaintiff in Schembri v Blacktown City Council alleged that she suffered a consequential condition in her right shoulder due to her left shoulder injury, which she claimed arose from her employment. The defendant, Blacktown City Council, disputed the claim and the case was heard by the Workers Compensation Magistrate, who concluded that the plaintiff had not established her case on the balance of probabilities. The plaintiff appealed against this decision, arguing that the magistrate had failed to adequately consider her evidence and that of her expert witnesses. The court was required to determine whether the plaintiff had proved on the balance of probabilities that her right shoulder condition was a consequential condition of her left shoulder injury. This involved weighing the competing medical evidence from both parties and assessing the adequacy of the reasons provided by the magistrate in reaching their decision. The court found that the magistrate had properly considered the evidence and provided sufficient reasons for their conclusion. The appeal was dismissed and the original decision was confirmed. The plaintiff was not entitled to compensation for the claimed consequential condition in her right shoulder.