Vivaldo v Uniting Church in Australia t/as Lucan Care

In the case of Vivaldo v Uniting Church in Australia t/as Lucan Care, the applicant, Ms Vivaldo, sought compensation for injuries she sustained during her employment with the respondent. The injuries arose from an incident on 31 March 1999, and the matter was heard by the workers' compensation tribunal, specifically the Arbitrator who made a determination on 8 January 2010. The dispute centred on the extent of the injuries, the aggravation of pre-existing conditions, and the entitlement to compensation for these injuries.

The legal issues that the court had to decide were whether the injuries sustained by Ms Vivaldo in the course of her employment with the respondent aggravated her pre-existing osteoarthritis in her left shoulder and tendonitis in both shoulders, and whether the Arbitrator's determination was appropriate. Furthermore, the court had to assess the adequacy of the evidence presented, considering the unsatisfactory preparation of the case by the applicant's solicitor.

The court found that the Arbitrator's determination needed to be revoked due to the unsatisfactory preparation of the case by Ms Vivaldo's solicitor. The court noted that the evidence presented was insufficient and that the Arbitrator's determination was based on reports that were not included in the evidence to be forwarded to the Approved Medical Specialist. The court also found that the applicant's claim for medical expenses was discontinued. The court ordered the matter to be remitted to the Registrar for referral to an Approved Medical Specialist for a new assessment, excluding certain documents from the evidence. The court further ordered that the respondent employer pay the applicant worker’s costs as agreed or assessed.

This case underscores the importance of proper case preparation and the admissibility of evidence in workers' compensation claims. The court's decision highlights the need for thorough and appropriate evidence to support claims, particularly when pre-existing conditions are exacerbated by workplace injuries.