Further to our article “Alternative jobs for injured workers unrealistic” and the practice of “dodgy” rehabbers proposing bizarre “suitable/alternative work” to injured workers, here is another legal case have where a court has found the proposed alternative occupation for an injured worker to be unrealistic.
Did you know that in NSW an injured worker who has been terminated because of his injury can seek reinstatement when the (injured) worker becomes fit for employment (even with some restrictions) within 2 years of the termination.
Doctors’ reports—particularly IME reports— on injured workers are all too often painfully lacking any understanding of the injured worker’s workplace or the inherent requirements of injured workers’ job/position. This often results in the assessment of a “fit-for-work” injured worker, without, for example, any consideration(s) to restrictions or reasonable adjustments that should be made in the workplace.
A Victorian inured worker was provided with alternative employment due his incapacity to perform his pre-injury duties. His inability to perform pre-injury duties were already determined however his employer attempted to dismiss him based on the results of the Functional Capacity Evaluations.Which should be used as a tool to determine capacity not incapacity….
In a recent legal workers compensation (Comcare) case, an ABC employee was denied workers’ compensation, after the AAT found her new (delayed) work plan, and her employer’s decision to email it to her, were “reasonable” notwithstanding that the worker felt that the job plan was beyond her capabilities, had not been discussed with her and caused her anxiety and depression…