The NSW Workers Compensation Commission has ordered Allity Management Services Pty Ltd to pay for all Cheryle Murphy’s surgical procedures. Cheryle Murphy was employed at the Coastal Waters Aged Care Facility at Worrowing Heights, NSW for several years. Allity took over the management of the facility in 2014. On 29 June 2014 Ms Murphy slipped on wet tiles in the kitchen and injured her right knee, hip, hand and shoulder. She also hit her head on the right side. Liability was initially accepted by Allity and Ms Murphy underwent surgery to her right knee. Her treating orthopaedic surgeon, Dr D Cossetto, also recommended surgery to her right shoulder. Allity’s insurer denied liability for that surgery. Dr Cossetto undertook right shoulder surgery on 8 December 2014 and Ms Murphy has subsequently returned to work with Allity. The issue between the parties is whether the shoulder surgery was reasonably necessary medical treatment as a result of the injury on 29 June 2014. The claim for medical expenses relating to the shoulder surgery was the subject of a previous decision by a CCommission arbitrator and an appeal. The previous decision turned on the relevance of a non-work related injury to Ms Murphy’s right shoulder as a result of a fall in a supermarket in mid-November 2014.
