By
Jamie Coleman
|
May 22, 2023
** All workers that have been injured at work in NSW are entitled to free legal advice on their workers compensation rights**
Have you been hurt at work? It’s important that you see your GP as soon as possible.
We all know that when you suffer an injury, sometimes the last thing that you want to do is take time
out of your busy schedule and book an appointment with your doctor. Yet, if you suffered your injury
at work, it is critical that you report this injury to your GP as soon as possible.
The case of Rockdale Prestige Smash Repairs Pty Ltd t/as Ralph’s Smash Repairs v Workers Compensation Nominal Insurer (iCare) & Ors [2022] NSWPIC 348 has recently been decided in the Personal Injury Commission. In this decision, Member Rachel Homan has confined the importance of reporting your injury as soon as possible and having contemporaneous medical evidence to support your injury.
Contemporaneous medical evidence is any evidence that is recorded at the time of your injury. Generally speaking, this evidence will be stronger than any other evidence should your claim be disputed.
Going to your GP the day that you are injured, or shortly after, is contemporaneous medical evidence. You may also have contemporaneous medical evidence if an ambulance was called for you and you were taken to hospital.
Any notes or photos that you take at the time of your injury will also be considered contemporaneous evidence and may support your medical evidence.
Contemporaneous medical evidence is any evidence that is recorded at the time of your injury. Generally speaking, this evidence will be stronger than any other evidence should your claim be disputed.
Going to your GP the day that you are injured, or shortly after, is contemporaneous medical evidence. You may also have contemporaneous medical evidence if an ambulance was called for you and you were taken to hospital.
Any notes or photos that you take at the time of your injury will also be considered contemporaneous evidence and may support your medical evidence.
In the case of Rockdale Prestige Smash Repairs Pty Ltd t/as Ralph’s Smash Repairs v Workers Compensation Nominal Insurer (iCare) & Ors [2022] NSWPIC 348, the employer and the worker both gave evidence to the Personal Injury Commission that was completely contradictory. For this reason, Member Homan stated that she “approached the witness evidence with great caution and to a large extent [found] it unreliable on both sides”.
Member Homan then went on to say that
In the case of Rockdale Prestige Smash Repairs Pty Ltd t/as Ralph’s Smash Repairs v Workers Compensation Nominal Insurer (iCare) & Ors [2022] NSWPIC 348, the employer and the worker both gave evidence to the Personal Injury Commission that was completely contradictory. For this reason, Member Homan stated that she “approached the witness evidence with great caution and to a large extent [found] it unreliable on both sides”.
Member Homan then went on to say that
"The contemporaneous medical evidence provides a more useful guide as to what may or may not have occurred."
Member Homan found that the medical evidence did not support the finding that the worker’s injury was caused by a frank injury at work, as the worker’s GP did not record any work injury in his clinical notes. In fact, the worker’s GP’s clinical notes revealed that the worker was likely to have had a pre-existing condition that was causing the pain he attributed to an apparent work injury. Member Homan decided that “The extensive delay in the second respondent’s lumbar symptoms being attributed to a work fall and the inconsistency with which the fall or event was initially described in the treating medical evidence are significant.”
Member Homan found in favour of the employer, that on the balance of probabilities there was no frank injury suffered by the worker while at work.
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LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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