Wind farm worker Daniel Palmer wins Employment Tribunal fight against Return to Work SA
A wind farm worker whose back locked into place when he bent over while in a wind turbine, sending him to floor in agony and unable to move, has defeated a bid to have his ongoing compensation cut off.
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A man who fell to the floor after his back locked up in pain while working in a wind turbine has won a legal battle for ongoing compensation.
The South Australian Employment Tribunal found Daniel Palmer was a “seriously injured worker”, entitling him to continued payments and support.
It came after Return to Work SA tried to prevent the ongoing payments.
According to a judgment of the tribunal, Mr Palmer was a wind farm service technician near Jamestown and his work included climbing up and down 80m wind turbines and heavy lifting.
In June 2017, he bent down to a hatch below his feet and grabbed a chain holding two toolbags.
When he lifted the chain, it became stuck on a hatch bolt and his back locked up causing him to the floor unable to move without “severe” pain.
The judgment, published online, said Mr Palmer had three back surgeries between 2017 and 2019 and the vertebrae in his spine had still not repaired itself.
The surgeries and associated medications caused him to have problems with reflux and constipation, leading to internal haemorrhoids which developed into an external haemorrhoid.
To be declared a “seriously injured worker”, an applicant must prove they are at least 30 per cent incapacitated.
Return to Work SA argued some of Mr Palmer’s health problems stemmed from previous back issues and that his digestive issues could not be combined to meet the figure.
However, Judge Leonie Farrell found that all of his health issues were linked to the June 2017 incident and that his permanent impairment was likely to be 30 per cent or more.
Mr Palmer has now been declared an “interim seriously injured worker” – which will entitle him to ongoing support until he has a permanent assessment.