Taxis Combined Services (Victoria) Pty Ltd v Schokman

The applicant, Taxis Combined Services (Victoria) Pty Ltd, appealed against a determination by an Arbitrator who awarded the respondent, Mr Schokman, compensation for medical expenses relating to dental treatment for peri-implantitis, a condition affecting dental implants. The Arbitrator held that the peri-implantitis was reasonably necessary as a result of a work injury Mr Schokman sustained, which necessitated the placement of dental implants. The appeal was heard in the Court of Appeal of the Supreme Court of Victoria.

The central issue before the Court was whether the Arbitrator was correct in finding that the peri-implantitis was reasonably necessary as a result of the accepted work injury, and therefore compensable under section 60 of the Workers Compensation Act 1987. The Court had to determine if the Arbitrator appropriately applied the principles set out in Kooragang Cement Pty Ltd v Bates, which established the test for causation in workers compensation claims. Specifically, the Court needed to decide whether the peri-implantitis was a natural consequence of the work injury, and if it was reasonably necessary as a result of that injury.

The Court found that the Arbitrator correctly applied the principles of causation as outlined in Kooragang Cement Pty Ltd v Bates. The Court held that the Arbitrator was not required to determine whether the peri-implantitis was the natural consequence of the work injury, but rather whether it was reasonably necessary as a result of that injury. The Court held that the Arbitrator was correct in finding that the peri-implantitis was reasonably necessary because it arose directly from the work injury that required the dental implants. The Court also found that the Arbitrator’s decision was supported by the evidence and that there was no error in law.

The appeal was dismissed, and the Arbitrator’s determination was confirmed. The Court ordered that the appellant employer pay the respondent’s costs of the appeal, assessed at $2,530 plus GST. The Court also noted that the name of the appellant employer should be amended to read Taxi Combined Services (Victoria) Pty Ltd.