Zdziarski and Telstra Corporation Limited (Compensation)

This matter concerned an appeal by Mr Zdziarski against decisions made by Telstra Corporation Limited regarding his workers' compensation entitlements. Mr Zdziarski suffered injuries to his lower back, left shoulder, and knees in a workplace fall in 2001. Telstra had been paying compensation until August 2015, but subsequently determined that Mr Zdziarski no longer suffered the effects of his back and shoulder injuries, impacting his entitlement to medical expenses and incapacity payments. Additionally, the appeal addressed claims for pharmaceutical expenses and the development of major depressive disorder as a result of his physical injuries. The case was heard by Deputy J W Constance P.

The primary legal issues before the court were whether Mr Zdziarski continued to suffer the effects of his back and shoulder injuries, and consequently, whether he remained entitled to ongoing medical expenses and incapacity payments. The court was also required to determine if Telstra was liable to reimburse Mr Zdziarski for the costs of certain prescribed medications, specifically Valium, Pristiq, and Endep, and whether these expenses were reasonable in the circumstances. Furthermore, the court considered whether major depressive disorder constituted a compensable ailment arising from the physical injuries sustained in the workplace fall.

The court's reasoning involved a detailed examination of medical reports and Mr Zdziarski's own evidence regarding his ongoing pain and limitations. Evidence from orthopaedic surgeons indicated that Mr Zdziarski had sustained a substantial aggravation of a degenerative lumbo-sacral disc and continued to suffer the effects of this injury, with symptoms unlikely to subside. The court accepted that Mr Zdziarski continued to reasonably require treatment for his back and shoulder injuries and that these conditions continued to cause him total incapacity for work. Regarding pharmaceutical expenses, the court noted that Telstra had accepted liability for the aggravation of degenerative changes in his lumbar spine, knees, and left shoulder. The court accepted evidence that the prescribed medications, including Valium, Pristiq, and Endep, were related to the treatment of his compensable conditions, and that Quinbisul was prescribed to relieve leg cramps associated with his knee injuries.

The court set aside Telstra's previous decisions. It found that Mr Zdziarski continued to suffer the effects of his back and shoulder injuries and was entitled to ongoing compensation for medical treatment and incapacity payments. The court also determined that Telstra was liable to reimburse Mr Zdziarski for the costs of the medications Valium, Pristiq, and Endep, and remitted the matter of pharmaceutical expenses, including Quinbisul, for reconsideration to determine their reasonableness. The court also found that major depressive disorder was an ailment resulting from the physical injuries sustained during the workplace fall.