Commission found employment conditions were a 'substantial contributing factor' in the accident
A healthcare worker in New South Wales has secured a victory at the Personal Injury Commission, which found that her employment conditions were a "substantial contributing factor" to a car accident during the Covid pandemic that left her with serious injuries.
The case involved a registered nurse who, while working for a mobile healthcare service, was injured in a motor vehicle accident in December 2021.
On the day of the incident, she was delivering medical equipment and collecting samples as part of her essential pandemic response duties. The nurse was wearing full personal protective equipment, including an N95 mask and a plastic gown, and was travelling between client sites on a hot and humid summer day.
According to the Commission's findings, the nurse began to feel lightheaded and unwell while driving, likely due to the physical strain of prolonged PPE use in challenging conditions.
She lost consciousness, a medical episode known as syncope, and crashed her vehicle, suffering significant spinal and neurological injuries.
A substantial contributing factor
The employer's insurer initially denied the compensation claim, arguing that the accident was not sufficiently connected to the nurse's employment and pointing to previous pre-syncopal episodes as evidence of a possible pre-existing condition.
However, the Commission found that the work environment played a decisive role in the accident.
"I am satisfied on the evidence that has been presented to the Commission that… the applicant was engaged in a work activity when she sustained the injuries in question," the Commission said in its written decision.
The Commission also accepted that the nurse wearing a plastic gown and face mask at the time made her feel hot and sweaty.
"The only reason the applicant was wearing the mask and gown was because she was performing her work duties," the Commission added.
The commission noted that while there was evidence of two previous pre-syncopal episodes, it was not satisfied that a similar injury would have happened at the same time or stage had she not been at work.
"Weighing the relevant considerations, I am satisfied that the applicant's employment with the respondent was a substantial contributing factor to the injury," it added.
The Commission ordered the employer to pay for the nurse's "reasonably necessary medical and related treatment expenses" and referred the matter to a Medical Assessor to determine the degree of permanent impairment.
