Stojcevska v DL070912 Pty Ltd (Formerly known as Darrell Lea Chocolate Shops Pty Ltd) – Workers Compensation Claim

1. Introduction

This case revolves around a workers compensation claim made by Rosa (Ruza) Stojcevska against her former employer, DL070912 Pty Ltd (previously Darrell Lea Chocolate Shops Pty Ltd).

2. Claim Details

The claimant, Rosa Stojcevska, alleges she sustained injuries to her cervical spine, lumbar spine, and both upper extremities, along with consequential conditions to her upper digestive tract and anus, due to the nature and conditions of her employment. The date of injury is deemed to be March 31, 2006.

3. Past Determinations and Compensation

A Medical Assessment Certificate (MAC) issued on December 17, 2009, confirmed a 12% whole person impairment (WPI) based on injuries to the cervical and lumbar spine. As a result, an award of $15,937.50 was made in favor of Ms. Stojcevska in January 2010. A subsequent MAC in June 2017 stated a 7% WPI due to soft tissue injury of the cervical spine and mechanical lower back pain of the lumbar spine. Consequently, the applicant’s weekly compensation entitlements ceased on June 17, 2021, as the threshold for the WPI was not met.

4. Current Determinations

The Commission determines that Ms. Stojcevska has:

1. Sustained an injury to her right shoulder due to her employment.
2. Developed consequential conditions in her right shoulder, elbow, and wrist, as well as in her left wrist.
3. Developed a gastrointestinal consequential condition.
4. Suffered from an anal disease consequential condition.

On the other hand, Ms. Stojcevska did not manage to establish that she had sustained an injury to her left shoulder or elbow due to her employment or developed consequential conditions in those areas.

5. Commission’s Orders

The Commission made three main orders:

1. Award for the respondent in respect of left shoulder injury and left shoulder consequential condition.
2. Award for the respondent in respect of left elbow injury and left elbow consequential condition.
3. The matter is remitted to the President for referral to a Medical Assessor for an assessment of the following injuries: right upper extremity (shoulder, elbow, wrist), left upper extremity (wrist), upper digestive tract, anal disease, and TEMSKI/scarring.

6. Medical Evidence

Medical evidence was provided by Dr. Neil Berry, who diagnosed a gastrointestinal condition in Ms. Stojcevska. He attributed this to her intake of certain medications, which were required for her work injuries. He also assessed a total of 3% WPI, calculated on the basis of 2% WPI in respect of the upper digestive tract.

7. Conclusion

This case serves as a reminder of the potential physical toll that certain types of employment can take on workers. It also highlights the importance of workplace health and safety measures, as well as the role of workers’ compensation in providing support and restitution to those who suffer injuries as a result of their employment.