ARTICLE · 03 JULY 2017

WA Workers Compensation – injured knee collapsed during return to work program aggravating asymptomatic back condition – is the back injury compensable?

Kott Gunning

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This was an appeal of an employer from a decision of an arbitrator at WorkCover WA, which the judge dismissed.

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APPEAL TO DISTRICT COURT OF WESTERN AUSTRALIA – APP 98 OF 2016 FROM A DECISION OF AN ARBITRATOR AT WORKCOVER WA.

ENGINE PROTECTION EQUIPMENT PTY LTD -V- MILLER [2017] WADC 71

Heard by SCOTT DCJ on 7 APRIL 2017 and judgement delivered 26 MAY 2017

The worker, Mr Miller, sustained a left knee injury on 9 November 2009 in the course of his employment, he claimed workers compensation under the Workers' Compensation and Injury Management Act 1981 (WA) (the Act) relating to the knee injury and liability was accepted by the employers insurer.

Eventually the worker was paid the prescribed amount for the knee injury on 12 December 2014, however, on around 19 January 2011 (whilst he was still in receipt of weekly payments of workers compensation for the knee injury) the worker started a return to work program under the Act at Bunnings.

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