Legal Bulletin No. 140

Issued 8 December 2023

Welcome to the one hundred and fortieth edition of the Personal Injury Commission’s Legal Bulletin. Please see here for details about the legal citations used for the Commission’s decisions. The decisions listed below are now available on AustLII and will be available shortly, on Jade and Lexis Nexis. Any legislative updates are provided at the base of the Bulletin.

Presidential Member Decisions

Secretary, Department of Communities and Justice v Farrugia [2023] NSWPICPD 75

Workers compensation; construction of clause 8C of the Workers Compensation Regulation 2016; meaning of “employment arrangement” in clause 8C; adequacy of reasons for an ex tempore decision; Held – Certificate of Determination dated 16 February 2023 is revoked.

Decision date: 28 November 2023 | Before: Acting Deputy President Michael Perry

Port Marina Pty Ltd v McKinnon [2023] NSWPICPD 76

Workers compensation; section 60 of the Workers Compensation Act 1987 the worker slipped and fell onto her left side and ruptured a breast implant; whether the worker sustained an injury within the meaning of section 4 of the Workers Compensation Act 1987; May v Military Rehabilitation and Compensation Commission discussed and applied; whether the Member considered relevant evidence; adequacy of reasons; Held – Certificate of Determination dated 25 November 2022 is confirmed.

Decision date: 29 November 2023 | Before: President Judge Phillips

Canterbury Bankstown City Council v Gazi (No 2) [2023] NSWPICPD 77

Workers compensation; section 352(3) of the Workplace Injury Management and Workers Compensation Act 1998; application of Grimson v Integral Energy, Inghams Enterprises Pty Ltd v Grigor, NSW Department of Education and Communities v Colefax, and Popovic v Liverpool City Council; Held – the appeal does not satisfy the requirements of section 352(3) of the Workplace Injury Management and Workers Compensation Act 1998 and cannot be brought.

Decision date: 29 November 2023 | Before: Deputy President Michael Snell

Motor Accidents non-Presidential Member Decision

Allianz Australia Insurance Limited v Davies [2023] NSWPIC 634

Motor Accident Injuries Act 2017; 46 year old motorist involved in a collision at an intersection controlled by traffic lights with insured vehicle; sustained an undisplaced sternum fracture; claimant had conservative management of the fracture; claimant is a self-employed bricklayer; unable to work for a closed period then, ultimately, returning to work on full duties; occasional difficulties with chest aches and pains at the end of a working day; insurer conceded claimant has sustained a non-threshold injury; liability admitted; no entitlement to non-economic loss; claim for past and future economic loss; Held – the proposed settlement is just, fair and reasonable; settlement approved under section 6.23 (2)(b).

Decision date: 28 November 2023 | Member: David Ford

Workers Compensation non-Presidential Member Decisions

Way v Cutting Edge Tree Maintenance Pty Ltd [2023] NSWPIC 627

Workers Compensation Act 1987; calculation of the current weekly earnings of injured worker who had returned to the workforce as a self-employed uber driver; Cronje v Leighton Contractors Pty Ltd considered and applied; worker’s earnings determined by reference to Passenger Vehicle Transportation Award 2020; Held – award for worker pursuant to section 38.

Decision date: 23 November 2023 | Member: Paul Sweeney

McInerney v Cootamundra-Gundagai Regional Council [2023] NSWPIC 628

Workers Compensation Act 1987; weekly benefits claim in relation to psychological injury; respondent disputes injury and alleges non work related matters were the main contributing factor to her psychological condition; capacity for employment also in dispute; Held – the applicant suffered a psychological injury in the course of her employment, to which her employment was the main contributing factor under section 4(b)(i); the preponderance of the medical evidence supports a finding of total incapacity for employment for the period claimed; respondent ordered to pay weekly compensation; no medical evidence to support section 11A defence.

Decision date: 23 November 2023 | Member: Diana Benk

Aseru Facility Services Pty Ltd v Harrison & Ors [2023] NSWPIC 629

Claim for benefits in respect of the death of a worker; apportionment of lump sum payable under section 25(1)(a) of the Workers Compensation Act 1987 (1987 Act), together with claims for interest and funds management fees; consideration of respondents’ (dependants’) statements, claim correspondence, and factual material; consideration of who was dependent for support on the worker at the date of her death; TNT Group 4 Pty Limited v Halioris considered; consideration of appropriateness of apportionment agreed between the parties; consideration as to interest awards under section 109 of the Workplace Injury Management and Workers Compensation Act 1998; Pheeney v Doolan (No 2) and Mudgee Explorer Tours Pty Ltd v Clarke considered; consideration of funds management fees award in relation to the third respondent, pursuant to section 25(1A) of the 1987 Act; Held – no other persons but the first four respondents were dependent for support on the worker at the date of her death; the fifth respondent was not dependent for support on the worker at the date of her death; apportionment of the lump sum under section 25(1)(a) of the 1987 Act as agreed between the parties approved; interest at 6.1% per annum awarded from the date each respondent served a reply upon the applicant with statement evidence of dependency, as agreed between the parties; funds management fees awarded in relation to the third respondent, as agreed between the parties; awards entered in relation to the first four respondents.

Decision date: 24 November 2023 | Member: Gauis Whiffin

Bjork v National Parks and Wildlife Service [2023] NSWPIC 631

Workers Compensation Act 1987; claim for compensation pursuant to section 60; whether provision of an exercise bike reasonably necessary as a result of accepted arm injury; where no dispute that loss of fitness and weight gain resulted from the injury; applicant required to satisfy fitness requirements in order to perform his pre-injury duties; applicant resides in a remote area with no gym access; evidence that no further treatment required for arm injury; Held – the exercise bike was reasonably necessary to treat the consequential conditions which resulted from the arm injury; award for the applicant pursuant to section 60.

Decision date: 24 November 2023 | Member: Rachel Homan

Burgess v State of New South Wales (Western Sydney Local Health District) [2023] NSWPIC 632

Workers Compensation Act 1987; claim for closed period of weekly benefits and medical expenses, including costs of right total hip replacement surgery; applicant suffered from osteoarthritis, and claimed aggravation, acceleration, exacerbation or deterioration of a disease, pursuant to section 4(b)(ii); respondent disputed that the applicant had sustained injury; that she had been incapacitated for work; and the claim for medical expenses; respondent did not dispute that the surgery was reasonably necessary medical treatment, but disputed that the necessity for surgery resulted from injury; consideration of Federal Broom Co Pty Ltd v Semlitch, Murphy v Allity Management Services Pty Ltd, Fairfield City Council v Comlekci, Austin v Director General of Education, Cant v Catholic Schools Office, Cabramatta Motor Body Repairers (NSW) Pty Ltd v Raymond, Rural Press Limited v Hancock, AV v AW, and Wollongong Nursing Home Pty Ltd v Dewar; Held – applicant sustained injury as a result of aggravation, acceleration, exacerbation or deterioration of disease, to which employment was the main contributing factor; applicant had no capacity for work during period for which weekly benefits claimed; surgery was reasonably necessary as result of injury; award for applicant of weekly benefits and medical expenses, including cost of surgery.

Decision date: 24 November 2023 | Senior Member: Kerry Haddock

Talevski v Coles Supermarkets Australia Pty Ltd [2023] NSWPIC 633

Applicant alleged consequential conditions in the right shoulder, right wrist and neck following injury to her left shoulder on 23 August 2018 and an aggravation at work to the left shoulder in April 2019; consequential condition found in the right shoulder and right wrist; not satisfied consequential condition in the cervical spine; Held – the applicant has not discharged the onus of establishing an injury to the cervical spine; award for respondent; referral to a Medical Assessor in respect of left upper extremity (shoulder), righter upper extremity (shoulder and wrist) and scarring.

Decision date: 27 November 2023 | Member: Carolyn Rimmer

Lidbury v Remondis Australia Pty Ltd [2023] NSWPIC 635

Workers Compensation Act 1987; claim for benefits in respect of the death of a worker; determination as to whether the worker left persons dependent for support upon him; consideration of statement evidence, claim correspondence, and factual material; Held – no persons dependent for support upon the worker at the date of his death; respondent liable to pay the amount of $816,850 in accordance with section 25(1)(a); amount to be paid to the applicant (as the legal personal representative of the worker) in accordance with section 32.

Decision date: 28 November 2023 | Member: Gauis Whiffin

Campbell v State of New South Wales (NSW Police Force) [2023] NSWPIC 636

Workers Compensation Act 1987; claim for the cost of total left replacement surgery pursuant to section 60; the respondent submitted that, while the surgery was reasonably necessary as a result of the condition in the applicant’s left hip, that was not a work-related condition but represented deterioration of a pre-existing degenerative condition in the hip; the respondent also claimed that the expert medical opinions on which the applicant relied should not be accepted as he had not established a ‘fair climate’ for the acceptance of those opinions; the doctors had not been supplied with the clinical notes of the applicant’s treating general practitioner; the applicant claimed that he had suffered a traumatic injury to the left hip in the day of injury which caused a tear of the anterior superior labrum which then accelerated the underlying arthritis, or alternatively, that the injury aggravated and accelerated the pre-existing asymptomatic degenerative condition in the left hip; detailed consideration of the medical evidence of the applicant’s treating doctor’s, the applicant’s independent medical examiner, and the respondent’s independent medical examiner; finding that the surgery carried out on the left hip was reasonably necessary as a result of the work injury, the occurrence of which had been accepted by the respondent; Held – the respondent ordered to pay for the costs of and incidental to the surgery; the respondent ordered to pay the applicant’s costs as agreed or assessed.

Decision date: 28 November 2023 | Member: Brett Batchelor

Al-Kanani v GMS Spares Pty Ltd [2023] NSWPIC 638

Application pursuant to section 57(1) of the Personal Injury Commission Act 2020; to reconsider and rescind Certificate of Determination (COD) dated 21 July 2020 claim for lump sum for orthopaedic injury; Held – COD rescinded; referred to Medical Assessor for further assessment as an alternative to appeal pursuant to section 329(1)(a) of the Workplace Injury Management and Workers Compensation Act 1998.

Decision date: 29 November 2023 | Member: Diana Benk

Motor Accidents Medical Review Panel Decisions

Kotb v AAI Limited t/as AAMI [2023] NSWPICMP 601

Motor Accident Injuries Act 2017; claimant involved in a motor accident on 20 March 2020; T-bone motor vehicle accident; multiple treatment disputes; claimant re-examined by Medical Assessor; finding made that ankle/feet not injured by motor accident due to absence of early complaint; not referred to in claim form and not medically plausible; separate findings made on each of the treatments; insurer submitted that Panel had no power to determine a particular dispute because it was not a medical assessment matter; submission that domestic assistance only related to the claimant’s children; insurer’s denial, review notice and referral not as limited; nature of dispute not limited to the initial request; Held – medical assessment revoked; various findings made on treatment disputes.

Decision date: 20 November 2023 | Panel Members: Principal Member John Harris, Dr Michael Couch, and Dr Margaret Gibson | Injury module: Treatment Type: Physiotherapy Treatment, Medical Specialist Consultations, Radiological Investigations, and Domestic Assistance - Reasonable and Necessary

Ghaznawi v Allianz Australia Insurance Limited [2023] NSWPICMP 603

Motor Accident Injuries Act 2017; the claimant suffered injury on 3 September 2019 when the rear doors of the insured bus closed on her; dispute relating to the assessment of threshold injury; whether the claimant sustained right sided rib fractures; where the claimant underwent a plain chest X-ray at Westmead Hospital on 7 September 2019 that was not definitive for rib fractures; claimant pregnant at the time and could not undergo a CT scan of the chest; diagnosis of rib fractures made by multiple clinicians who examined the claimant at Westmead Hospital; Held – original assessment of threshold injury revoked.

Decision date: 20 November 2023 | Panel Members: Member Maurice Castagnet, Dr Margaret Gibson, and Dr Michael Couch | Injury module: Spine, Lower and Upper Limb

Baldedara v QBE Insurance (Australia) Limited [2023] NSWPICMP 604

Motor Accident Injuries Act 2017; assessment of threshold injury under section 1.6(3); the claimant suffered injury in a motor vehicle accident on 27 April 2019; Medical Assessor (MA) Grainge found the following injuries were threshold injuries: bilateral dependent atelectasis; Held – bilateral dependent atelectasis is a condition which affects the lungs; it is an injury within the meaning of section 1.4; David v Allianz Australia Insurance Ltd referred to; not necessary to establish threshold injury at the date of assessment; at hospital claimant suffered bilateral dependent atelectasis which is an injury to the organs; injury to organs non-threshold injury; Held – certificate of MA Grainge revoked.

Decision date: 20 November 2023 | Panel Members: Member Susan McTegg, Dr Ian Cameron, and Dr Margaret Gibson | Injury module: Respiratory System

Fordham v Transport Accident Commission [2023] NSWPICMP 605

Motor Accident Injuries Act 2017; claimant involved in a motor accident on 1 July 2019 whilst riding a motor bike that struck debris from previous accident; permanent impairment dispute; parties agreed that right lower extremity and scarring assessed at 9%; left leg tendinitis not assessable; gait derangement not assessable due to clause 6.78 of the Guidelines; assessment of lumbar spine; L5/S1 degenerate disc aggravated by postural changes caused by antalgic gait from severe right lower extremity injury; herniation contributed to current lumbar spine dysmetria; DRE category II; Held – medical assessment revoked; finding made that impairment exceeded 10%.

Decision date: 21 November 2023 | Panel Members: Principal Member John Harris, Dr Drew Dixon, and Dr Neil Berry | Injury module: Spine and Lower Limb

Nou v AAI Limited t/as GIO [2023] NSWPICMP 622

Review of certificate of Medical Assessor (MA) Barrett dated 14 March 2022; dispute about the claimants degree of permanent impairment; review of psychiatric condition of depression, chronic adjustment disorder with depressed mood; claimant involved in an accident on 4 May 2004 when she was a passenger in a car in a police emergency vehicle; claimant initially assessed in 2006 by MA Kaplan as not exceeding the whole person impairment (WPI) threshold but subsequently made an application for further assessment on the basis that her psychiatric condition had deteriorated; claimant has been undergoing psychological treatment for the last five years; claimant submitted that she has chronic unrelenting severe pain and disability; insurer argued that the claimant’s physical injuries were limited and if those psychiatric symptoms arise from physical injuries then these are not accident related; MA Barrett assessed 0% WPI; claimant was examined by the Panel; claimant gave a history of many traumatic events but with respect to her mental health, she did not seek treatment until approximately 10 years after the accident; claimant had no psychiatric diagnosis or treatment before the accident; Panel satisfied that notwithstanding the claimant not seeking treatment for 10 years following the accident, her mental disability came about by a combination of gradual chronic pain which had been deteriorating; Held – the claimant had developed an adjustment disorder with anxiety and depressive symptoms, an element of driving phobia in partial remission and a somatic symptom disorder and a WPI of 4%; the certificate of MA Barrett was revoked.

Decision date: 29 November 2023 | Panel Members: Member Alexander Bolton, Dr Michael Hong, and Dr Glen Smith | Injury module: Mental and Behavioural

Workers Compensation Medical Appeal Panel Decisions

Leota v General Mills Manufacturing Australia Pty Ltd [2023] NSWPICMP 607

Where appellant’s injury was bilateral cubital and carpal syndromes; where Medical Assessor’s (MA) assessment was based on abnormal range of motion; whether MA applied correct criteria to assess impairment; Appeal Panel held appellant’s injury was a peripheral nerve injury and paragraph 2.9 of Guidelines required assessment of impairment to be done by reference to section 16.5 of AMA5; MA applied incorrect criteria; Held – Medical Assessment Certificate revoked.

Decision date: 23 November 2023 | Panel Members: Member Marshal Douglas, Dr Margaret Gibson, and Dr Neil Berry | Body system: Left and Right Upper Extremity

Marqus v Sky High Contracting Pty Ltd [2023] NSWPICMP 608

Appellant worker assessed as having 0% whole person impairment for injury to the left shoulder and cervical spine; findings of inconsistent presentation by the worker; consideration and application of clause 1.36 of the Guidelines (inconsistent presentation); whether adequate reasons provided by Medical Assessor (MA) and whether the worker was afforded procedural fairness during examination; no demonstrable error or assessment made on the basis of incorrect criteria by the MA; Held – Medical Assessment Certificate confirmed.

Decision date: 23 November 2023 | Panel Members: Member John Isaksen, Dr Roger Pillemer, and Dr Andrew Porteous | Body system: Left Upper Extremity and Spine

Coghlan v NSW Trains [2023] NSWPICMP 609

Appeal from assessment of whole person impairment (right hip); whether the assessor erred in deducting one third for pre-existing degeneration; Held – Medical Assessment Certificate confirmed.

Decision date: 23 November 2023 | Panel Members: Member Richard J Perrignon, Dr Greg McGroder, and Dr Roger Pillemer | Body system: Right Lower Extremity and Scarring

Quintiliani-Johns v Secretary, Department of Education [2023] NSWPICMP 610

Appeal from assessment of whole person impairment (psychological); whether assessor erred in assessing the psychiatric impairment rating scale in self-care and personal hygiene or social and recreational activities; whether he erred in making a deduction of one half for pre-existing condition of bipolar disorder type 1; Held – Medical Assessment Certificate revoked.

Decision date: 23 November 2023 | Panel Members: Member Richard J Perrignon, Dr Michael Hong, and Dr Douglas Andrews | Body system: Psychological/Psychiatric

Collar v Stride Mental Health Limited t/as Aftercare [2023] NSWPICMP 611

Appellant alleged error in the assessment in respect of one of the categories under the psychiatric impairment rating scale (PIRS) namely self-care and personal hygiene; Medical Assessor’s reasons inadequate including history taken; Appeal Panel considered a re-examination was necessary; Held – Medical Assessment Certificate confirmed.

Decision date: 24 November 2023 | Panel Members: Member Jane Peacock, Dr Nicholas Glozier, and Dr Graham Blom | Body system: Psychological/Psychiatric

Dinataci v BUPA Aged Care Australia Pty Ltd [2023] NSWPICMP 612

Whether Medical Assessor (MA) provided any or adequate reasons for assessment; Appeal Panel held that MA’s reasons were so sparse that Appeal Panel unable to evaluate whether there was an error in MA’s ratings of appellant’s impairment in the psychiatric impairment rating scale (PIRS); demonstrable error found; appellant re-examined; appellant’s permanent impairment not fully ascertainable at time of re-examination; Appeal Panel declines to assess permanent impairment of appellant; Held – Medical Assessment Certificate revoked.

Decision date: 24 November 2023 | Panel Members: Member Marshal Douglas, Dr Nicholas Glozier, and Dr Michael Hong | Body system: Psychological/Psychiatric

Blatchford v NSW Rail Transport Museum [2023] NSWPICMP 613

Workplace Injury Management and Workers Compensation Act 1998; whether deduction under section 323(1) of 50% for proportion of appellant’s permanent impairment that due to pre-existing conditions was correct; whether Medical Assessor (MA) denied appellant procedural fairness; Appeal Panel held MA did not deny appellant procedural fairness and there was no error in the deduction the MA made under section 323(1); Held – Medical Assessment Certificate confirmed.

Decision date: 24 November 2023 | Panel Members: Member Marshal Douglas, Dr Graham Blom, and Dr Douglas Andrews | Body system: Psychological/Psychiatric

Kerr v Sydney Catholic Schools Limited [2023] NSWPICMP 614

Workplace Injury Management and Workers Compensation Act 1998; appeal from 7% assessment in psychological injury case; whether the psychiatric impairment rating scale (PIRS) categories had been assessed correctly; whether a section 323 deduction had been justified; Held – appellant’s submissions difficult to comprehend, factually incorrect and unsupported by reference to specific evidence or authority; Panel considered assessments in PIRS category in accordance with Wingfoot Australia Partners Pty Ltd v Kocak duty; Wingfoot Australia Partners Pty Ltd v Kocak considered and applied; social functioning category altered from 2 to 3; Held – Medical Assessment Certificate revoked.

Decision date: 27 November 2023 | Panel Members: Member John Wynyard, Dr Douglas Andrews, and Dr Ash Takyar | Body system: Psychological/Psychiatric

Macdermott v Holidays Afloat Brooklyn Pty Ltd [2023] NSWPICMP 615

Assessment of the appellant’s permanent impairment from injury to right shoulder and consequential conditions to the left shoulder and cervical spine; Medical Assessor (MA) made deduction under section 323(1) of 10% when assessing permanent impairment of the left shoulder and 100% when assessing permanent impairment of the cervical spine; whether in making those deductions MA erred; Held – Appeal Panel found MA erred; Medical Assessment Certificate revoked.

Decision date: 28 November 2023 | Panel Members: Member Marshal Douglas, Dr Margaret Gibson, and Dr John Brian Stephenson | Body system: Spine, Left and Right Upper Extremity

Cairns v Ausgrid [2023] NSWPICMP 616

Appellant alleged error in the assessment under two of the categories under the psychiatric impairment rating scale (PIRS) namely, social functioning and concentration, persistence and pace; the rating of class 2 in each class was open to the Medical Assessor and the Panel could discern no error; Held – Medical Assessment Certificate confirmed.

Decision date: 28 November 2023 | Panel Members: Member Jane Peacock, Dr Douglas Andrews, and Dr Graham Blom | Body system: Psychological/Psychiatric

A-Ok Removals Pty Ltd v Jovic [2023] NSWPICMP 617

Workplace Injury Management and Workers Compensation Act 1998; appellant employer alleged error by the Medical Assessor (MA) in the assessment on the basis of incorrect criteria; Appeal panel satisfied as to error; error also alleged in failing to make a deduction under section 323 for the lumbar spine; Appeal Panel found this was open to MA; error also alleged in failing to make a deduction for pre-existing condition of great toe; Appeal Panel found error and that deduction should have been made; Held – Medical Assessment Certificate revoked.

Decision date: 28 November 2023 | Panel Members: Member Jane Peacock, Dr Roger Pillemer, and Dr Doron Sher | Body system: Left Lower Extremity, Skin, and Scarring (TEMSKI)

Albright & Wilson (Australia) Limited v Bisson [2023] NSWPICMP 618

Appeal from assessment of whole person impairment (right upper extremity); whether the assessor erred in failing to use the contralateral left limb ‘as a baseline comparator’ in accordance with the Guidelines at 2.20; whether he failed to take into account an argument that such a comparator should be used; Held – Medical Assessment Certificate revoked and replaced.

Decision date: 28 November 2023 | Panel Members: Member Richard J Perrignon, Dr Alan Home, and Dr Tommasino Mastroianni | Body system: Right Upper Extremity and Skin

Leo v State of New South Wales (NSW Police Force) [2023] NSWPICMP 619

Workplace Injury Management and Workers Compensation Act 1998; assessment of psychological injury under the psychiatric impairment rating scale (PIRS); worker said that Medical Assessor (MA) should have had regard to his statement; careful reading of the statement showed it was out of date when signed and did not take account of significant improvement shown in recent reports; MA took appropriate history and had regard to improvement; Held – Medical Assessment Certificate confirmed.

Decision date: 28 November 2023 | Panel Members: Member Catherine McDonald, Dr Douglas Andrews, and Dr Graham Blom | Body system: Psychological/Psychiatric

Qantas Airways Ltd v Ashburn [2023] NSWPICMP 620

Workplace Injury Management and Workers Compensation Act 1998; the appellant submitted that the Medical Assessor erred in failing to make a deduction under section 323 contrary to the weight of evidence; Panel agree the evidence supported a deduction of 10%; Held – Medical Assessment Certificate revoked.

Decision date: 28 November 2023 | Panel Members: Member Deborah Moore, Dr Margaret Gibson, and Dr Alan Home | Body system: Right Lower Extremity and Scarring (TEMSKI)

AFS Systems Pty Ltd v French [2023] NSWPICMP 623

Worker referred for assessment of whole person impairment (WPI) of the left upper extremity (including amputation and complex regional pain syndrome (CPRS)) and scarring as a result of the injury on 20 April 2020; Medical Assessor (MA) assessed 38% WPI (CPRS) and 1% scarring resulting in a total assessment of 39% WPI; the Panel was satisfied that the MA failed to carry out an assessment of CPRS in accordance with Table 17.1 of the Guidelines, this was a demonstrable error; worker re-examined and did not meet the criteria for CRPS under the Guidelines; Panel assessed 17% WPI in respect of the left upper extremity and 1% under TEMSKI, which resulted in a total of 18% WPI; Held – Medical Assessment Certificate revoked.

Decision date: 29 November 2023 | Panel Members: Member Carolyn Rimmer, Dr Mark Burns, and Dr Ross Mellick | Body system: Left Upper Extremity and Scarring (TEMSKI)

Motor Accidents Merit Review Decision

Hanna v QBE Insurance (Australia) Limited [2023] NSWPICMR 58

Motor Accident Injuries Act 2017; dispute about payment of weekly benefits under division 3.3; meaning of earner; schedule 1, clause 2; arrangement to undertake employment at a particular time and place; clause 2(b); whether arrangement commenced during 8 week period before the motor accident; clause 2(a)(i); contractual interpretation; absence of earnings received before motor accident; incomplete evidence; pre-accident weekly earnings (PAWE) under schedule 1, clause 4(c) or clause 4(1) or clause 4(2)(a); onus of proof; Held – the reviewable decision is set aside.

Decision date: 29 November 2023 | Merit Reviewer: Katherine Ruschen

This publication is for information only. The publication is not legal advice.  The information provided is not a substitute for reading the decisions. The Commission does not accept liability for the information in this publication or for way the information is used.

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