Whether Arbitrator erred in law in making orders to produce medical information

Blakers v South Metropolitan Health Service [2023] WADC 143

Background

Ms Blakers (the appellant) lodged an application for arbitration, seeking payment of weekly compensation and other statutory expenses pursuant to the Workers' Compensation Injury Management Act 1981 (WA) (WCIMA) for an alleged workplace bullying and psychological injury sustained in the course of her employment (Application).

The employer contended Ms Blakers did not suffer a psychological injury during the course of her employment, or at all. In the alternative, if she did suffer this injury, which was disputed, the Employer contended that her employment was not a contributing factor and did not contribute to a significant degree to the contraction or aggravation of a disease. The employer further contended that Ms Blakers' injury (if any) was specifically excluded by WCIMA s 5(4) on the basis that any disease caused by stress wholly or predominantly arose from discipline or