Stanley v Lachlan Shire Council

Stanley was a construction worker who was injured on the job and brought a claim against his employer, Lachlan Shire Council, under section 60 of the Workers Compensation Act 1987. Stanley sought the costs of a proposed hospital and medical treatment, contending that the treatment was reasonably necessary to treat his injuries. The matter was referred to an arbitrator, who found in favour of Stanley and ordered the Council to pay the costs. The Council appealed the arbitrator’s decision, and the matter was heard by the NSW Civil and Administrative Tribunal (NCAT).

The central issue before the NCAT was whether the proposed treatment was reasonably necessary to treat Stanley’s injuries. The NCAT had to assess the evidence presented by both parties and determine whether the arbitrator’s decision was correct. The NCAT considered medical evidence and expert opinions on the proposed treatment and whether it was reasonably necessary to treat Stanley’s injuries.

After considering the evidence, the NCAT found that the arbitrator’s decision was correct. The NCAT found that the proposed treatment was reasonably necessary to treat Stanley’s injuries and that the arbitrator had properly assessed the evidence. The NCAT confirmed the Arbitrator’s determination of 17 August 2015 and found in favour of Stanley.

No additional orders were made by the NCAT.