How can an employer trigger the section 19(4)(c) deeming argument?

Talevski and K & S Freighters Pty Ltd (Compensation) [2016] AATA 492

Key Points

• The Tribunal found that Mr Talevski was not offered suitable employment and therefore, his employer was unable to rely on the deeming provisions in section 19(4) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act).

Background

On 4 July 2011, Mr Talevski sustained an injury to his right knee while delivering cylinders to a café at the rear of Sydney Hospital. On 22 July 2011, he sustained an injury to his left upper limb and lower back while delivering cylinders to the Marlborough Hotel in Newtown. K & S Freighters Pty Ltd (K&S) initially denied liability to pay compensation for the injuries, however liability was later accepted following a decision of the Tribunal.