Paragraphs (f) and (g) of section 19 (4) assist a decision to be made on what is reasonable, having regard to all the circumstances of the particular case.
Consideration must also be given to any other relevant matter.
However, to have regard to what is “reasonable in all the circumstances”, not only must the history of a claim be assessed, but also the employee's current situation. It may demonstrate that, while previously able to work, an employee may now be in a situation where the opposite is true.
Paragraph (g) is also particularly important.
The case of Woodbridge v Comcare (1994) demonstrates that this paragraph is a moving target.
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Case Law |
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“... the requirement that Comcare take into account other relevant matters contained in para (g) makes it clear that the finding of the amount that an employee is able to earn in suitable employment is a finding that is to be made, having regard to all relevant factual matters. |
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It is not a finding to be made exclusively by reference to the matters set out in subsecs 4 (a) to (f).” |
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and |
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“... a case may be imagined where an employee, having regard to his or her then medical condition, received an offer for what was as that time suitable employment and failed to accept that offer in circumstances where the failure to do so was unreasonable. |
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However, at a later time the employee's medical condition might deteriorate to a point that the employee was no longer able to work at all. That would clearly be a relevant matter for Comcare to consider under para (g).” |
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Woodbridge v Comcare (1994) |
Deeming a redundant employee able to earn in suitable employment must be investigated thoroughly. Each of paragraphs 19 4 (a) through (g) must be met.