Waititi and Cleanaway Operations Pty Ltd (Compensation)

The matter before the Tribunal concerned a claim for compensation by the Applicant, Mr Waititi, against his employer, Cleanaway Operations Pty Ltd. The dispute centred on the Respondent's liability to pay compensation for medical treatment and incapacity for work arising from a workplace injury to the Applicant's left hand, which occurred on 12 May 2018. The Applicant had been employed as a driver for approximately ten years prior to the incident.

The legal issues before the Tribunal were whether the Respondent remained liable to pay compensation to the Applicant under sections 16 and 19 of the relevant Act as at 20 June 2019 and presently. This required the Tribunal to consider whether the Applicant continued to suffer the effects of the accepted left-hand injury, and if so, whether that injury necessitated further medical treatment or resulted in an incapacity for work.

The Tribunal considered the medical evidence, particularly the report of Dr Steadman. Dr Steadman opined that the Applicant had reached maximal medical improvement and did not require further medical treatment for his left-hand injury. He further stated that the Applicant was likely fit to perform normal work duties and that using the hand in normal day-to-day activity would assist in its recovery. The Tribunal noted that section 16(2) of the Act provides that compensation for medical expenses is payable whether or not the injury results in incapacity for work or impairment. However, given Dr Steadman's uncontradicted evidence that the Applicant no longer required medical treatment, the Tribunal found that no further compensation for medical expenses was payable under section 16(1) of the Act.

Consequently, the Tribunal affirmed the decision under review.