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ARTICLE · 27 JUNE 2018

Is a knee replacement an artificial aid?

Bartier Perry Solicitors
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The meaning of 'artificial aid' was discussed in a recent presidential decision in the Workers Compensation Commission.

AustraliaEmployment and HR
Judith Edwards (Formerly With Bartier Perry)
Judith Edwards (Formerly With Bartier Perry)
Clemance Semaan (Formerly With Bartier Perry)
Clemance Semaan (Formerly With Bartier Perry)
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The meaning of 'artificial aid' was discussed in a recent presidential decision in the Workers Compensation Commission.

The case, Pacific National Pty Ltd v Baldacchino [2018] NSWWCCPD 12, found the meaning of 'artificial aid' had to be interpreted generally and more broadly.

The Commission found the intention of Parliament when introducing s59(6) was to widen the potential benefits and medical and related expenses available to workers beyond the expiry period specified in s59A(1) of the Workers Compensation Act, 1987 ("the 1987 Act").

The term 'artificial aid' is to be interpreted as anything which is specifically constructed for the worker to enable the effects of the injury to be overcome.

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