Huon Aquaculture has been ordered to pay workers’ compensation to an employee after failing to properly notify them about the scope of an independent medical assessment.
The Tasmanian Civil and Administrative Tribunal ruled last week that Huon Aquaculture must make weekly payments to a worker identified as KM, who had claimed compensation for a back injury sustained while checking fish nets.
TASCAT determined the employer lacked a “reasonably arguable case” to dispute the claim after critical medical evidence was deemed inadmissible.
The case hinged on an independent medical review conducted by Dr Jack Dale.
While the worker had two separate compensation claims, one for a knee injury and another for her back, she was only informed the assessment would examine her knee condition.
“The worker was not at any time advised that she was being asked to attend the appointment with Dr Dale for any assessment of her back injury,” Senior Member Lucinda Jack said in the judgment.
Although the employer intended to send correspondence about the back assessment, the letter was “inadvertently not sent” to the worker.
The tribunal found this oversight meant the worker had not given informed consent to a physical examination of her back.
“It would be unfair to the worker if the employer was permitted to rely on a report that is based on an assessment of an injury that the worker was not aware was being assessed,” the decision stated.
Senior Member Jack rejected the employer’s argument that the worker could have withdrawn consent during the examination, noting that patients place considerable trust in medical practitioners during assessments.
Huon Aquaculture was ordered to make weekly payments and pay the cost of benefits to the employee.
