Naracoorte and Lucindale Council taken to court after denying workplace injury claim

A regional council that denied a workplace injury claim has been taken to court after one of its workers suffered a serious fracture while on the job.

A regional council has been taken to court after they denied one of their workers an injury compensation claim and his request to use annual leave to take time off, a court has heard.

Naracoorte and Lucindale venue and tourism officer Nigel Bradley Nisbett, suffered an acute avulsion tear in his right groin and an avulsion fracture to his pelvis while cleaning up after an event on December 2, 2021.

The rejected claim has meant Mr Nisbett was unable to have the tear surgically repaired, a court has heard.

Corrina Nisbett, Mr Nisbett’s wife, criticised the council for their treatment of Nigel, alleging they could have been left homeless without the support family and friends.

“The last 13 months have taken a huge toll on Nigel physically, mentally, emotionally and finically,” she said.

“He should never have had to go the lengths he has to receive his legal entitlements when injured in the workplace.”

Nigel Bradley Nisbett has taken the Naracoorte Lucindale Council to court after he was injured on the job. Picture: Supplied

The incident occurred after Mr Nisbett innocuously knelt on one knee to pick up a flagpole, weighing a few kilograms.

The South Australian Employment Tribunal heard Mr Nisbett attended the Kincraig Medical Centre immediately after acquiring his injury.

According to court documents Mr Nisbett was first seen by Dr Benjamin Obojor who referred him for ultrasound and provided him with a work capacity certificate (WCC) stating that he could perform alternative duties.

Mr Nisbett sought a second opinion and saw Dr Obaayaa Bonsu who performed a physical examination and modified details of the WCC, but maintained he was fit for “modified duties”.

An MRI on December 10, 2021 revealed Mr Nisbett had a complete rupture of the adductor tendon which caused an avulsion fracture, which is when a tendon or ligament pulls off a piece of bone from the pelvis.

Mr Nisbett then saw Doctor Kim Trueman who told the court “in light of the physical and mental limitations, she did not consider a return to work was feasible”.

Nigel Bradley Nisbett has taken the Naracoorte and Lucindale Council to court after they denied his work injury claim and prevented him from having the injury surgically repaired, a court has heard.

Under cross examination Mr Nisbett was questioned about his first affidavit where he stated he “had been at home all weekend recovering” despite attending the Bend Motorsport Park two days after his injury.

Mr Nisbett admitted the comment was “untrue” telling the court his wife had purchased the tickets a few days before he was injured and had argued with her about whether he should attend.

After using up his sick leave entitlements the court heard council denied paying him out of an accrued 202 hours of annual leave.

Naracoorte and Lucindale Council Engagement and Community Manager Jayne Miller told the court, council had denied the request “because it wasn’t mutually convenient”.

Under cross-examination Ms Miller denied that the refusal was designed to force Mr Nisbett to return to work.

Deputy President Judge Mark Calligeros ruled in favour of Mr Nisbett ordering council to reimburse him for his medical costs.

Judge Calligeros also found Mr Nisbett is entitled to weekly payments from December 2 with the exception of the period between January 26 and March 15 2022 when he was incapacitated by a kidney stone.