The Case

Panazzolo v Don’s Mechanical and Diesel Service Pty Ltd (2023)

Mr Panazzolo was employed as a diesel mechanic for Don’s Mechanical and Diesel Service Pty Ltd (DMDS).

Mr Panazzolo suffered an injury to his left arm when he was involved in a non-work-related assault. He was certified unfit for work for 3 months. DMDS advised Mr Panazzolo that before he could return to work, he would need to provide a medical certificate certifying him fit to perform his diesel mechanic duties. Mr Panazzolo’s specialist certified him fit for his diesel mechanic duties. Despite this, DMDS required Mr Panazzolo to participate in a functional evaluation by a physiotherapist. The physiotherapist found Mr Panazzolo could return to work; however, placed restrictions on his return to work, including: