Partial capacity entitlement – not something for another day

In Chapels on Whatley v Bedford [2015] WADC 129, His Honour Judge O'Neal (O'Neal DCJ) of the District Court of Western Australia affirmed the existing caselaw principles regarding proof of an entitlement for partial incapacity and disagreed with an Arbitrator's attempts to find a way around them by making some unusual orders.

By way of factual background:

• The respondent worker was originally employed in 2011 as a general manager at the appellant's café.
• She suffered injuries in a motor vehicle accident in 2011 and returned to work in May 2011 in a lesser role on a part time basis.
• In March 2012 she again took up the position of general manager for the appellant.
• In the course of that role she was involved in a work accident on 28 December 2012, described as the "loft incident".