IN BRIEF
Employers are increasingly becoming aware that allowing an
employee to return to work after suffering an injury, especially a
non-work related one, can be risky business. If an employee returns
to work before they are fit to do so and consequently aggravates
his or her condition, the employer may find they are liable for a
workers' compensation claim.
A recent case has found that in order to protect both parties it
is not unreasonable to direct an employee returning from injury to
attend a medical assessment with a physician of the employer's
choice before commencing back at work.
The Fair Work Commission has upheld a decision by Peak Downs
Mine's management to dismiss a worker for failure to attend a
medical assessment after an eight month absence from work due to
injury. During the period of absence there had been no evidence of
specific steps taken by the worker to prepare for his return to
work other than returning to the site with a medical
