Medical report warns ongoing interaction with senior staff member would exacerbate stress and negatively impact her mental health
A worker lodged an application seeking reinstatement after being medically retired from her position, claiming she was fully fit for pre-injury duty with no work restrictions.
The employer objected that the worker's application did not comply with statutory requirements because the medical certificate she produced stated she could not work with or under the direct supervision of a particular manager who remained in that role.
The Commission found the application failed at the jurisdictional gateway because the worker applied for reinstatement to her previous specific position but produced a medical certificate confirming she remained unfit for that exact role due to the restriction about the manager.
The worker had been employed by the employer in a permanent position as a resource and deployment manager since late 2021. She suffered a workplace injury and developed adjustment disorder with anxious distress.
Between late March and late April 2023, the worker took a period of sick leave due to the injury and accessed a psychologist for treatment. Between late April and late May 2023, the worker accessed workers' compensation payments and continued her leave on this basis.
In early May 2023, the worker submitted a certificate of capacity stating she was fit to return to full-time work, but not with the 'same...
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