Watters v WorkCover Queensland

[2001] QSC 331

SUPREME COURT OF QUEENSLAND

CITATION:

Watters, Re [2001] QSC 331

PARTIES:

KIM MAREE WATTERS
(applicant)
v
WORKCOVER QUEENSLAND
(respondent)

FILE NO/S:

S 7544 of 2001

DIVISION:

Trial Division

PROCEEDING:

Application for declaration of compliance with s 280 WorkCover Queensland Act 1996

ORIGINATING COURT:

Brisbane

DELIVERED ON:

12 September 2001

DELIVERED AT:

Brisbane

HEARING DATE:

10 September 2001

JUDGE:

Holmes J

ORDER:

The Notice of Claim for Damages dated 2 March 2001 is compliant with s 280 of the WorkCover Queensland Act 1996.

CATCHWORDS:

WORKER’S COMPENSATION - COURSE OF EMPLOYMENT – MEDICAL EXAMINATION-s280 WORKCOVER QUEENSLAND ACT 1996
Application for declaration of compliance with s280 WorkCover Queensland Act – applicant sustained back injury during course of employment – whether injury correctly described as ‘disc prolapse’ on Notice of Claim – whether injury falls within code 4114 WorkCover Queensland Regulation 1997.

Re: Robinson [1999] QSC 11
Lau v WorkCover Queensland [2000] QSC 271
Anagnostou v Woolworths Ltd [2001] 2 Qd R 1

WorkCover Queensland Act 1996
WorkCover Queensland Regulation 1997

COUNSEL:

Mr D. Kelly for the applicant
Mr B. Hoare for the respondent

SOLICITORS:

Shine Roche McGowan on behalf of the applicant
Bradley & Co. on behalf of the respondent

1. The applicant seeks a declaration that a notice of claim for damages given by her to the respondent complies with s 280 of the WorkCover Queensland Act 1996. The respondent argues that the notice is not compliant with the section, because it describes her injury as a disc prolapse, an injury which, it contends, has not been assessed.

History of the claim

1. The applicant claims to have been injured on 10 January 1999, in the course of her employment.  In her application for workers compensation dated 15 November 1999 she identified her injury as “strain to lower back”.

1. It seems that the applicant saw a Dr Eric Guazzo, a neurosurgeon, in respect of her injury.  His earliest reports are not in evidence, but it appears that in March 2000 he referred her for magnetic resonance imaging of the lumbar spine.  The MRI report of 23 March 2000 indicates a “very small left-sided focal herniation into the inferior aspect of the left nerve root foramen” with narrowing of the nerve root foramen, at L5 S1.  Dr Guazzo reported to WorkCover in respect of the applicant on 1 June 2000.  He described her as complaining of lower back pain with referred symptoms to the left leg. The MRI findings of stenosis and disc prolapse at L5 S1 “were consistent as the cause of the referred pain into her leg.”  Work was a significant contributing factor to her leg and back pain.

1. Dr Guazzo gave a further report of 14 September 2000 to WorkCover. In it he referred to his earlier reports of 1 and 7 June 2000. He described the current report as “supplementary”, compiled after receipt of further information, in the form of the applicant’s advice as to her progress. Her symptoms had remained unchanged.  Dr Guazzo concluded the report in the following terms: