ARTICLE · 22 DECEMBER 2016

Work incapacity not simply a matter of physical capacity

Sparke Helmore Lawyers

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This decision confirms what factors are to be taken into account to conclude whether a worker has current work capacity.

AustraliaEmployment and HR

Ilona Strong (Formerly With Sparke Helmore Lawyers)

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The Court of Appeal has clarified the definition of "no current work capacity" in the case of Richter v Driscoll [2016] VSCA 142, for the purposes of assessing a worker's entitlement to weekly payments of compensation beyond the expiration of the second entitlement period.

The Court of Appeal's decision reinforces that, in determining whether a worker has a "current work capacity", it is not sufficient to find that they have a physical capacity for the tasks required in a particular role羊egard must also be given to the worker's personal circumstances, including their age, education and employment history, location, and the length of any period of time out of the workforce.

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