Is ‘Lite n Easy’ reasonably necessary?

NSW Workers Compensation Commission recently determined that provision of ‘Lite n Easy’ meals can constitute a reasonably necessary medical expense when a worker has gained weight as a consequence of a compensable injury or surgery to correct same.

Material facts

The Applicant worker brought proceedings seeking payment for the cost of ‘Lite n Easy’ meals pursuant to Section 60 of the Workers Compensation Act 1987. Liability had been accepted in respect of the Applicant’s right and left knee injuries and right wrist/hand injuries.

Submissions

The Arbitrator accepted that on the medical evidence the Applicant’s weight had increased from 117kgs one year before the first knee injury in 2012, to 136kgs in 2014. The Arbitrator also accepted that the medical evidence was sufficient to establish that since sustaining the knee injuries, the Applicant had been unable to walk long distances and she had problems with stairs. The Arbitrator also referred to treating evidence which indicated that the ‘Lite n Easy’ meals had previously resulted in a 25kg weight loss. The Appellant further asserted that the meals were necessary because of her hand injuries and the related restrictions. It is clarified that the left hand injury is not work-related.

The Respondent Employer asserted that there was no relationship between the Applicant’s obesity and the accepted knee injuries. The Respondent relied on an IME report of Dr Smith who recorded that the Applicant could reduce her weight simply by reducing her caloric intake, and there was no requirement that she be provided with ‘Lite n Easy’ meals as a result of either the right hand injury or the knee injuries.

The Arbitrator’s decision

The Arbitrator accepted that the ‘Lite n Easy’ were a reasonably necessary medical expense on the basis that they had been shown to aid in the Applicant’s weight loss notwithstanding her impaired mobility.

The Arbitrator also accepted that the combination of the Applicant’s hand and knee injuries gave rise to the need for the meals, which he classified as a treatment.

Implications

‘Lite n Easy’ and similar meals may constitute a reasonably necessary medical expense. Decision-makers are to consider the impact of accepted injuries upon the worker’s mobility, weight gain and their ability to prepare meals. The fact that consumption of the meals has previously resulted in weight loss will be of assistance to the worker.

If you have any questions about a particular workers compensation matter, please contact our team by phoning 02 4929 9333 (Newcastle) or 02 8297 5900 (Sydney).