By
Gaby Grammeno
Contributor
The NSW Personal Injury Commission has ruled that a multi-function kitchen appliance can be considered a ‘curative apparatus’ as it will reduce an injured worker’s pain when preparing meals.
The worker suffered overuse injuries to her neck and wrists in the course of her employment as a customer service officer with the NSW Police Force. Her job involved sitting for long periods while engaged in typing and data entry, including handwriting.
By 2003, after several years in the role, her hands had become swollen, sore, and inflamed, with severe pain, swelling, tingling, and stiffness in her neck and shoulders. By 2011, she had constant pain in her lower back, and two years later she found the pain so intolerable she took time off work.
She received various forms of treatment for her hands including exercises, physiotherapy, ultrasound, massages, and heat packs. In 2005, an ultrasound indicated tenosynovitis, but she continued working until June 2017 when she left her job due to her injuries.
In December 2017, a specialist confirmed she had carpal tunnel syndrome and recommended surgery to alleviate her symptoms.
Her workers compensation claim for injuries to her cervical spine and both wrists was accepted, but despite all the therapeutic efforts she continued to have constant pain in both hands, which she rated as 8/10 on a pain scale, and symptoms including numbness and weakness in both hands, inability to lift heavy objects, difficulty opening doors and carrying out domestic activities such as stirring while preparing food.
Food preparation for herself and her family presented particular problems, as she claimed that cooking severely aggravated the pain in her wrists, arms, neck, lower back, legs, and shoulders. Twisting her neck and wrists when cutting, peeling, and cooking meals sent shooting pain up her wrist and down her neck, making food preparation extremely painful and almost impossible. As a result, she was not able to cook nutritious meals for herself and her family, relied on pre-packaged meals, and gained 20 to 30kg.
NSW Police voluntarily agreed to meet the cost of a king single adjustable and uplifting bed base and king single mattress, king single bed sheets, king single quilt, and an ergonomic pillow, as well as domestic assistance with cleaning, gardening, and ironing. This was in accordance with an appropriate care plan created with the worker and her rehabilitation provider.
A kitchen appliance to help with food preparation was also offered, but she claimed it was unsuitable because it was too heavy and painful for her to lift, and not user-friendly – the blades often fell out, there was no root peeler attachment and the lids did not fit properly.
Claim for a Thermomix
The worker stated that her treating doctors and her rehabilitation consultant had given their support to a Thermomix appliance. In addition, a National Disability Insurance Scheme (NDIS) consultant expressed the view that a Thermomix can provide significant medical benefits for people with disabilities.
The employer’s rejection of her bid for a Thermomix was the basis of the dispute lodged with the Personal Injury Commission of New South Wales.
In the Commission
The Commission’s task was to decide whether the Thermomix machine was ‘reasonably necessary treatment’; and whether it could be considered a ‘curative apparatus’ within the meaning of section 59 of the Workers Compensation Act 1987. Section 59 states that ‘medical or related treatment’ to be paid for by the employer may include ‘any nursing, medicines, medical or surgical supplies or curative apparatus, supplied or provided for the worker otherwise than as hospital treatment’.
The employer argued that the worker wanted the Thermomix to cook for her family rather than for herself, that the appliance was not reasonably necessary and could not be considered ‘curative apparatus’ because it would not help with the management of her physical or psychological condition.
PIC Commission Member Jill Toohey did not accept that the injured worker’s meal preparation was for her family’s benefit rather than for her own, as she would need to prepare meals whether she lived alone or with her family.
The Member found that the Thermomix has therapeutic properties and falls within the meaning of ‘curative apparatus’, as it would alleviate the effects of her injury. She found that it was a reasonably necessary treatment and that the employer must pay for it.
What it means for employers
Employers would do well to consider the design of jobs that are likely to give rise to overuse injuries. The risk of overuse injuries from repetitive, seated work – and consequent workers comp claims – can be reduced by ensuring the job entails sufficient task and postural variety – standing and moving around, not just sitting at a screen for long periods.
Read the decision
Purnell v State of NSW (NSW Police Force) [2023] NSWPIC 686 (20 December 2023)
