Hennessy v QBE Workable Ltd (Formerly HIH Workable Ltd)

Parties

Procedural Posture

Accident Insurance Act 1998 Review of Insurer Decision / District Court Review Hearing (decision Reserved for Further Directions)

Legal Issues

1. 1 Whether respondent has a continuing liability for incapacity arising from the 2 March 2000 work injury
2. 2 Whether rehabilitative treatment is necessary, appropriate and normal in relation to the covered injury
3. 3 Causation between the 1995 injury, the March 2000 accident and the February 2001 incident

Ratio Decidendi

Judge found on the balance of probabilities that the appellant's current back problems are likely linked to the 1995 injury and/or the March 2000 accident and that she is entitled to reasonable treatment causally connected to those covered injuries; however the judge declined to make final orders because medical evidence was insufficiently focused and directed further medical evidence and a conference to determine appropriate rehabilitative treatment and whether weekly compensation has been properly applied for; insurer liability remains limited to treatment causally connected to the covered injuries under Schedule 1 of the Accident Insurance Act 1998.

Court Disposition

Decision reserved and appeal not finally determined; court directs further process rather than altering primary decision at this stage.

Orders

• Registrar to arrange a telephone conference between both counsel and the judge as soon as reasonably convenient
• Parties to obtain and file focused further medical evidence addressing causation and appropriate rehabilitation and to advise whether an application for weekly compensation has been made