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ARTICLE · 16 FEBRUARY 2017

Personal injury or disease in a workplace?

Bartier Perry Solicitors
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Differentiation between personal injury and disease injury can be important when an employer is liable for compensation.

AustraliaEmployment and HR
Will Murphy
Will Murphy
Stephen Ke (Formerly With Bartier Perry)
Stephen Ke (Formerly With Bartier Perry)
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Under the Workers Compensation Act 1987 (NSW) ("WCA"), workers may be able to recover compensation if they suffer a personal injury or a disease injury.

So, what's the difference between a personal injury and a disease?

This question was considered in a recent decision of a Presidential member of the NSW Workers Compensation Commission: Ky v Blue Leaf Food Group Pty Ltd.

The facts

Ly Meng Ky worked as a picker, packer and forklift driver with two different employers. He gradually developed increasing stiffness in his right shoulder.

Mr Ky's condition was variously diagnosed as rotator cuff damage and impingement syndrome secondary to tendinosis and bursitis.

After being retrenched by his last employer in early 2015, Mr Ky claimed lump sum compensation against his first, earlier employer.

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