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ARTICLE · 03 NOVEMBER 2017

WA workers compensation - connection between reasonable treatment and a compensable injury

Kott Gunning
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Before considering reasonable treatment, establish that treatment is for a compensable injury, or a direct result of it.

AustraliaInsurance
Ken Grunder
Ken Grunder
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CLARKE -V- RAMSAY HEALTH CARE AUSTRALIA [2017] WADC 117

Ms Clarke was employed by Ramsay as a registered nurse at the Joondalup Health Campus. On 13 September 2009 she injured her lower back and claimed compensation under the Workers' Compensation and Injury Management Act 1981 (WA).

Liability was accepted and payments were made for her back injury. Ms Clarke was subsequently diagnosed with severe depression said to be a consequence of chronic lower back pain.

She resigned from Ramsay on 7 November 2010 and one year later commenced employment with the King Edward Memorial Hospital in a different role.

In 2016 Ms Clarke sought an order that Ramsay pay weekly payments of compensation between 18 November 2010 and 16 January 2011, and 24 September 2015 to 2 October 2015. She also claimed reimbursement for her for various statutory expenses relating to her depression.

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