Michael Haylett, 42, developed an injury to his spine, which required an operation, while working as a dozer operator between 2009 and 2010 at Rio Tinto’s Hail Creek coal mine, southwest of Mackay in central Queensland.

The Brisbane Supreme Court heard that when Haylett returned to work the company retrained him as a drill rig operator. Haylett had another medical assessment last November, in which it was found that he was unfit to undertake his duties at the mine as prescribed under the regulation.

Haylett challenged the company doctor’s decision and sought a declaration that his report should be given no legal effect.

His legal team argued that the opinion expressed by the doctor was not an answer to the relevant question, which was whether Haylett was then able to do the work of a drill rig operator.

Justice Philip McMurdo, in handing down his decision, agreed the doctor did not address the question as required under the regulation.

He found that the doctor's opinion was unambiguous in referring to a future risk of injury in his report and he did not address whether Haylett had the capacity to perform the work for which he was employed. He ordered the doctor’s report void.