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ARTICLE · 29 NOVEMBER 2018

When a consequential condition does not result from a work injury

Bartier Perry Solicitors
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Causation is established if the alleged consequential injury results from the accepted compensable injury/condition.

AustraliaEmployment and HR
Clemance Semaan (Formerly With Bartier Perry)
Clemance Semaan (Formerly With Bartier Perry)
Malcolm Griffin
Malcolm Griffin
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In the decision of Andersen v J & M Predl Pty Limited dated 20 September 2018 it was accepted that the worker had suffered compensable injury to his left shoulder on 13 July 2010. President Keating was required to decide whether the worker suffered compensable consequential injury to his clavicle.

The Facts

The worker brought proceedings in the Workers Compensation Commission claiming compensation pursuant to section 60 of the Workers Compensation Act 1987 for treatment of claimed right shoulder and right clavicle conditions. He claimed those conditions were compensable for two reasons:

  1. His right shoulder condition arose as a result of him favouring that shoulder after suffering compensable injury to his left shoulder on 13 July 2010, and

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