Nurse workers compo bid fails

A nurses union bid to secure workers compensation payments for employees aged over 65 has failed in the Federal Court in Perth.

Australian Nursing Federation state secretary Mark Olson said he was "bitterly disappointed" about the outcome of the case, which failed based on legislation limiting the age at which compensation can be claimed.

The State Government announced in April that provisions which discriminated against workers compensation claims by older employees would be scrapped but the legislation is yet to be changed.

Using the case outcome to attack perceived government inaction on the issue, Mr Olson said there was an expectation nurses would need to work past the age of 65 to staff hospitals but they were not afforded the same protection as younger staff.

"The reality is we have an ageing workforce, in particular we've got an ageing nursing workforce, and we have hundreds of nurses who are over the age of 65 who are effectively working without any protection," he said.

The Federal Court case was initiated by 70-year-old retired nurse Petrine Keech against the Metropolitan Health Service.

Ms Keech was 66 when she was injured while working at King Edward Memorial Hospital in 2007, but was only eligible for one year of workers compensation.