Log in or become a subscriber

It was reasonable to ask an employee to take a D&A test after he was reported behaving erratically at work, a commission has ruled in rejecting his psychological injury claim.

NSW Personal Injury Commission Member Rachel Homan found the requirement was part of a wider disciplinary process, and its reasonableness meant the employer wasn't liable for his psychological injury.

The Rix Group welder and fabricator sought workers' compensation for an adjustment disorder, but the employer's insurer denied liability on the basis that his injury was caused by reasonable action taken with respect to discipline.

Applying to the Commission to resolve a dispute, the employee argued neither of the two events to which he attributed his injury fell within the "discipline" exemption...