Chau v Visy Board Pty Ltd [2012] NSWIRComm 101

Chau v Visy Board Pty Ltd [2012] NSWIRComm 101

The medical evidence indicated the applicant was fit for pre-injury duties as a machine operator, subject to restrictions (avoiding repetitive and awkward lifting and not lifting more than 20kg static or 16kg dynamic). There was no evidence that the employer could not reasonably make such a position available. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 September 2012
Procedural Posture
Application for Reinstatement of Dismissed Injured Worker Under Workers Compensation Act 1987 (nsw) / Final Decision After Hearing
Outcome
Application allowed. Orders for reinstatement and payment of lost remuneration made.
Legal Topics
['reinstatement of Injured Worker' "workers' Compensation" 'unfair Dismissal' 'medical Fitness for Employment']
['industrial Law'] ['reinstatement of Injured Worker' "workers' Compensation" 'unfair Dismissal' 'medical Fitness for Employment']

Source-derived case record

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Procedural Posture

Application for Reinstatement of Dismissed Injured Worker Under Workers Compensation Act 1987 (nsw) / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant is fit for reinstatement to pre-injury duties as a machine operator' 'Whether an order for reinstatement should be made under s 243 of the Workers Compensation Act 1987' 'What reasonable conditions/restrictions should be imposed given medical evidence']

Ratio Decidendi

The medical evidence indicated the applicant was fit for pre-injury duties as a machine operator, subject to restrictions (avoiding repetitive and awkward lifting and not lifting more than 20kg static or 16kg dynamic). There was no evidence that the employer could not reasonably make such a position available. The applicant was therefore entitled to reinstatement with specified restrictions under s 243(3)(b) of the Workers Compensation Act 1987.

Court Disposition

Application allowed. Orders for reinstatement and payment of lost remuneration made.

Orders

  • ['Visy Board Pty Ltd shall reinstate Bien Chau in full time employment as a machine operator on and from the date of this decision, subject to a direction to Mr Chau that he avoids repetitive and awkward lifting and not lift more than 20kg in a static lift or 16kg in a dynamic lift. Mr Chau shall at all times comply...