Legal Bulletin No. 217
This bulletin was issued on 27 June 2025
Issued 27 June 2025
Welcome to the two hundred and seventeenth 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 Decision
Freedman Brothers Limited v Scovell [2025] NSWPICPD 48
Workers compensation; Rule 109 of the Personal Injury Commission Rules 2021; whether exceptional circumstances exist for the inclusion of surveillance recordings in the documents provided to the Medical Assessor; Yacoub v Pilkington (Australia) Ltd [2007] NSWCA 290 applied; QBE Insurance (Australia) Ltd v BTR [2024] NSWPICMP 325; Gandhi v Coles Supermarkets Australia Pty Ltd [2022] NSWPIC 475 discussed; NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 1.43 and 1.44; medical evidence and assessments to be provided to the Medical Assessor; requirement to include a supplementary report where the medical expert changes his or her opinion expressed in an earlier report; referral for a further assessment pursuant to section 329 of the Workplace Injury Management and Workers Compensation Act 1998; Target Australia Pty Ltd v Mansour [2006] NSWWCCPD 286; Inner West Council v McQuade [2025] NSWPICPD 32 discussed; Held – leave to appeal the Principal Member’s Certificate of Determination is granted; the Principal Member’s Certificate of Determination dated 18 February 2025 is revoked; the matter is remitted to a non-presidential Member for referral to a Medical Assessor no earlier than seven days after the publication of this decision for assessment in accordance with Order 1 of the referral dated 14 January 2025; the documents to be included in the referral are: the application and attached documents; the reply and attached documents (including the surveillance report dated 6 December 2024); the surveillance recording undertaken on 27, 28 and 29 November 2024, and the supplementary report of Dr Stephen Rimmer dated 23 January 2025; the respondent (the applicant below) may apply to the Commission within seven days after the publication of this decision in order to make any application in respect of further evidence.
Decision date: 18 June 2025 | Before: Deputy President Elizabeth Wood
Motor Accidents non-Presidential Member Decisions
Strbac v Allianz Australia Insurance Limited [2025] NSWPIC 239
Motor Accident Injuries Act 2017 (MAI Act); Motor Accidents Compensation Act 1999 (MAC Act); claimant alleges injury whilst boarding a privately owned bus; whether the claim governed by the MAI Act or the MAC Act; McTye v Ching Yu Chang by his tutor Leo Alexander Birch; joint application for claim to be exempted from assessment in accordance with section 7.34(1)(b) of the MAI Act on the basis of legal complexity; Held – the question of whether the claim is governed by the MAI Act or the MAC Act is of such complexity that that issue alone renders the claim not suitable for assessment; recommendation subsequently approved by the Division Head, as the President’s delegate.
Decision date: 30 May 2025 | Senior Member: Brett Williams
Condon v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 247
Motor Accident Injuries Act 2017; claims assessment; whether the claim is not suitable for assessment under Division 7.6; insurer made an application matter be exempted on discretionary basis under section 7.34(1)(b) on the grounds that the claim involves complex legal or factual issues and that the claimant made threats against persons associated with the management and assessment of his personal injury damages claim; in the application a schedule of damages was not lodged on the portal; insurer submitted the matter ought to be exempted and allowed to proceed in the appropriate forum where the legal and factual complexities can be properly considered, where a binding decision can be made, and where non-party witnesses can be compelled to give evidence; Held – determined the claim is not suitable for assessment under Division 7.6; recommended the claim be exempt from assessment by operation of subsection 7.34(1)(b) and clause 99 of the Personal Injury Commission Rules 2021; recommendation subsequently approved by the Division Head, as the President’s delegate.
Decision date: 3 June 2025 | Member: David Ford
Powell v Lifetime Care and Support Authority of New South Wales [2025] NSWPIC 275
Motor Accident Injuries Act 2017; treatment and care; rehabilitation; liability for claim for statutory benefits; claimant sustained serious injury in a motor vehicle accident; transportation for social outings; referred as a miscellaneous claims dispute under Schedule 2 clause 3(n) to determine whether there is any liability for the services in dispute on the basis they meet the definition of “treatment and care”; Held – transportation for social outings constitutes rehabilitation within the meaning of treatment and care under section 1.4; whether transportation for social outings relates to the injury caused by the accident or are reasonable and necessary in the circumstances are medical assessment matters.
Decision date: 12 June 2025 | Member: Susan McTegg
Sheeran v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPIC 274
Motor Accident Injuries Act 2017; miscellaneous claims assessment; whether accident caused wholly or mostly by the fault of the claimant for the purposes of section 3.28; claimant’s vehicle crossed over double white lines onto the opposite side of the road and collided with two vehicles; no fault on the part of other drivers involved in accident; insurer relied on res ipsa loquitur to support a finding that the accident was caused by the claimant’s failure to exercise reasonable care; evidence that before the collisions the head of the claimant was slumped; claimant argued accident caused by medical episode; Nguyen v Cosmopolitan Homes applied; Schellenberg v Tunnel Holdings Pty Ltd, Insurance Australia Limited t/as NRMA v Richards, Richards v Insurance Australia Limited t/as NRMA Insurance (No 2) discussed and considered; Held – possible explanations for the accident included the claimant failing to exercise reasonable care, that he experienced a medical episode, or had a micro-sleep; none of the explanations rose above a possibility; insurer failed to discharge the onus of proving on the balance of probabilities that the accident was caused wholly or mostly by the fault of the claimant.
Decision date: 17 June 2025 | Senior Member: Brett Williams
Manookian v Allianz Australia Insurance Limited [2025] NSWPIC 276
Motor Accident Injuries Act 2017; claimant sustained injury in a motor vehicle accident; miscellaneous claims assessment; whether claimant has provided full and satisfactory explanation for delay in lodging claim; application for personal injury benefits dated 3 December 2024 received by insurer on 7 January 2025; claimant provided explanation for delay; insurer accepted explanation was full but did not concede it was satisfactory; Held – claimant had no knowledge of time frames applicable to claims; claimant confused about CTP process and not coping well after discharge from hospital; claimant relied upon lawyer to progress claim; Dandah v Witte cited; claimant has provided full and satisfactory explanation for delay in lodging the claim.
Decision date: 17 June 2025 | Member: Susan McTegg
Workers Compensation non-Presidential Member Decisions
Workers Compensation Act 1987; claim for psychological injury; claims for weekly benefits compensation and treatment expenses pursuant to section 60; whether applicant sustained a psychological injury in accordance with section 4 as a result of traumatic incidents experienced during course of employment with respondent; consideration of credit to be afforded to the applicant as a witness; whether expert opinion provided in a ‘fair climate’; consideration of need for actual persuasion to be felt in order for applicant to satisfy onus of proof; Nguyen v Cosmopolitan Homes, Drca v KAB Seating Systems Pty Ltd, Malco Engineering Pty Ltd v Ferreira, ACW v ACX, Hancock v East Coast Timber Products Pty Limited, Paric v John Holland (Constructions) Pty Limited, and Paric v John Holland (Constructions) Pty Limited considered; Held – applicant failed to satisfy onus of proving he sustained a psychological injury (in accordance with section 4(b)) arising out of traumatic events experienced during the course of employment with the respondent; award for respondent.
Decision date: 11 June 2025 | Member: Gaius Whiffin
Organ v Woolworths Group Ltd [2025] NSWPIC 260
Workers Compensation Act 1987;respondent accepted applicant suffered an injury to her cervical spine and then lumbar spine in two separate incidents; applicant now seeks to claim lump sum compensation aggregating injuries to the lumbar and cervical spine; without aggregation does not meet threshold required for lump sum compensation pursuant to section 66; respondent disputed aggregation could occur as the injuries resulted from two distinct events and were two separate pathologies; Department of Juvenile Justice v Edmed followed; Held – the injuries involved separate pathology arising from separate injurious events; accordingly they could not be referred for assessment together.
Decision date: 11 June 2025 | Member: Diana Benk
Grosvenor v AXIA Solutions Pty Ltd ATF Axia Solutions Family Trust [2025] NSWPIC 261
Workers Compensation Act 1987; sections 4, 9A and 10; injury; course of employment; place of employment; journey; real and substantial connection; main contributing factor; substantial contributing factor; cases applied: Federal Broom Co Pty Ltd v Semlitch; Zinc Corporation v Scarce; New South Wales Police Force v Cox; Musumeci v GEM Engines Pty Ltd; Henderson v Commissioner of Railways (WA); Whittingham v Commissioner of Railways (WA); Mercer v ANZ Banking Corporation; Badawi v Nexon Asia Pacific Pty Limited trading as Commander Australia Pty Limited; Dayton v Coles Supermarkets Pty Ltd; McMahon v Lagana; AV v AW; Bina v ISS Property Services Pty Ltd; Dewan Singh and Kim Singh T/AS Krambach Service Station v Wickenden; State Super Financial Services Australia Limited v McCoy, and Ward v Corrimal-Balgownie Collieries Ltd considered and applied; La Macchia v MCS Holdings (Australia) Pty Ltd [2024] NSWPIC 629 distinguished; Held – applicant sustained psychological injury in the form of an aggravation and/or exacerbation of a disease as defined by section 4(b)(ii); applicant was at her place of employment at the time of the accident; applicant was in the course of her employment at the time of the accident; applicant’s employment is the main contributing factor to the aggravation and/or exacerbation of the disease injury; at the time of injury the applicant was not a journey to which section 10 applies; applicant was incapacitated for work from 20 August 2023 to 20 October 2023; respondent to pay applicant pursuant to section 36; award for respondent in respect to claim for weekly compensation from 21 October 2023 to 5 November 2023; matter remitted to President for referral to Medical Assessor.
Decision date: 11 June 2025 | Member: John Turner
Alshaari v FLH NSW Pty Ltd [2025] NSWPIC 262
Workers Compensation Act 1987; claim for lump sum compensation;whether applicant sustained additional cervical spine and consequential gastrointestinal injuries; Held – applicant sustained cervical spine and consequential gastrointestinal injuries as a result of injury on 12 October 2019; matter remitted to the President for referral to a Medical Assessor.
Decision date: 12 June 2025 | Member: Fiona Seaton
Kelly v Laverty Pathology [2025] NSWPIC 263
Workers Compensation Act 1987; disease injury; consequential condition; standard of proof; section 140 of the Evidence Act 1995; Nguyen v Cosmopolitan Homes and Mead v Kearney considered and applied; El-Chami v DME Engineering Services Pty Limited applied; incapacity; onus to establish capacity for suitable employment where incapacity established; Held – award for applicant on injury to right thumb and consequential condition to left thumb; award for respondent on injury and consequential condition to right wrist, left wrist, left elbow and Dupuytren contracture to both hands; award for applicant on claim for weekly compensation and medical expenses.
Decision date: 12 June 2025 | Member: Mitchell Strachan
Butcher v Action Botany Pty Ltd [2025] NSWPIC 266
Workers Compensation Act 1987; section 60; claim for past and future medical expenses; accepted injury to lumbar spine and right hip; consequential condition to the right Achilles tendon; disputed consequential condition to the bilateral wrists and shoulders from prolonged use of walking aids in recovery of right Achilles injury; consequential loss; evidence of signs and symptoms; principles in Kooragang Cement Pty Ltd v Bates, Trustees of the Roman Catholic Church for the Diocese of Parramatta v Brennan, Murphy v Allity Management Services Pty Ltd, and Diab v NRMA Limited considered and applied; Held – applicant discharged onus of proof that he developed symptoms in the bilateral wrists and shoulders as a consequence of the accepted workplace injury; proposed surgery is reasonably necessary as a result of the accepted injury; respondent to pay the cost proposed surgery; general order for medical expenses.
Decision date: 13 June 2025 | Member: Kathryn Camp
Markovic v Zelimir Ostojic t/as Nickol's Painting Services & Anor [2025] NSWPIC 267
Workers Compensation Act 1987; previous determination on injury and deemed worker; section 33 weekly compensation; whether worker incapacitated for work during period after injury; medical evidence indicates incapacity; pre-injury average weekly earnings (PIAWE); dispute as to income; consideration of earnings, receipts and income; method of calculating PIAWE; taxation records and bank statement records; Held: applicant incapacitated for work; PIAWE determined with reference to bank statement records.
Decision date: 16 June 2025 | Member: Adam Halstead
Islam v Eureka Operations Pty Ltd t/as Coles Express [2025] NSWPIC 268
Workers Compensation Act 1987;weekly compensation benefits; calculation of pre-injury average weekly earnings (PIAWE); calculation based on “ordinary hours” including hours worked at penalty rates; calculation of earnings did not include penalty rates; application of legislation as it appeared in 2015; Held – calculation of PIAWE; award for applicant for weekly benefits including indexation made.
Decision date: 16 June 2025 | Member: Parnel McAdam
Walker v Secretary, Department of Education & Ors [2025] NSWPIC 270
Workers Compensation Act 1987; psychological injury sustained in 2020; applicant died in 2022 from unknown causes; claim pursuant to section 25(1)(a); Held – alleged dependants had not discharged their onus of proof as to cause of death; award for first respondent.
Decision date: 17 June 2025 | Principal Member: Josephine Bamber
Meehan v Hugo Martins t/as Mr and Mrs Boss Cleaning & Anor [2025] NSWPIC 271
Workers Compensation Act 1987; claim for the cost of carpal tunnel release surgery; whether applicant suffered injury by way of carpal tunnel syndrome to right wrist; applicant injured in a fall while in the course of employment and suffered a right shoulder injury; alleges fall caused an injury to right wrist in the nature of carpal tunnel syndrome and seeks payment by the respondent of the costs of and incidental to a proposed carpal tunnel release; respondent denies liability on the grounds applicant did not suffer a wrist injury; Held – applicant carries onus of proving she suffered an injury as alleged; Baker v Southern Metropolitan Cemeteries Trust applied; clinical entry at issue directly supports the applicant’s contention of wrist symptoms from the time of the accident; Mason v Demasi & Anor referred to; evidence supports finding of wrist injury being in the nature of carpal tunnel syndrome; no evidence that applicant has suffered any intervening event which would explain the onset of the carpal tunnel syndrome; evidence discloses the carpal tunnel release surgery is reasonably necessary as a result of the injury; respondent to pay the costs of and incidental to the proposed surgery.
Decision date: 17 June 2025 | Member: Cameron Burge
Workers Compensation Act 1987; claim for weekly benefits and medical or related expenses resulting from alleged psychological injury; whether injury arose out of applicant’s employment and employment was a substantial contributing factor; Held –applicant sustained a psychological injury that arose out of employment and employment was a substantial contributing factor to the injury; orders for payment of weekly benefits and medical or related expenses resulting from the injury; publishable decision to be de-identified in accordance with rule 132 of the Personal Injury Commission Rules 2021.
Decision date: 17 June 2025 | Member: Fiona Seaton
Curcuruto v Secretary, Department of Education [2025] NSWPIC 273
Workers Compensation Act 1987; medical expenses claim pursuant to section 60; applicant injured at work; knee injuries accepted; exercise program following knee surgery; applicant claims pelvic organ prolapse as consequential condition arising from exercise program; nature of available supporting medical evidence; sufficiency for establishing causal chain; Held – available evidence does not reasonably establish pelvic organ prolapse consequential to accepted workplace injuries; other relevant risk factors present; award for respondent.
Decision date: 17 June 2025 | Member: Adam Halstead
Motor Accidents Medical Review Panel Decisions
Insurance Australia Limited t/as NRMA Insurance v Elabed [2025] NSWPICMP 415
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); section 7.26; whether claimant’s degree of permanent impairment that has resulted from the psychological injury caused by the accident is greater than 10%; Medical Assessor certified that the accident caused major depressive disorder which gave rise to a permanent impairment that was greater than 10%; Held – MAC revoked; new certificate issued; Review Panel certified the claimant’s degree of permanent impairment that has resulted from the post-traumatic stress disorder (PTSD) and major depressive disorder caused by the motor accident is not greater than 10%.
Decision date: 12 June 2025 | Panel Members: Member Terence O’Riain, Dr Paul Friend, and Dr Thomas Newlyn | Injury module: Mental and Behavioural
Allianz Australia Insurance Limited v Eskandar [2025] NSWPICMP 417
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); claimant involved in a hit and run; claimant assessed for physical whole person impairment (WPI) at 0%; claimant assessed by Medical Assessor as having post-traumatic stress disorder (PTSD) and WPI of 15%; Held – the claimant assessed as having PTSD and assessed a WPI of 8%; MAC revoked; new certificate issued.
Decision date: 13 June 2025 | Panel Members: Member Alexander Bolton, Dr Michael Hong, and Dr Himanshu Singh | Injury module: Mental and Behavioural
Allianz Australia Insurance Limited v Tran [2025] NSWPICMP 418
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); psychiatric assessment of Medical Assessor (MA) Barrett for whole person impairment assessment (WPI) of post-traumatic stress disorder (PTSD) and treatment and care for psychological consultations; claimant assessed by MA Barrett as having a persistent depressive disorder with anxious distress at 15% WPI and MA Home assessed claimant for physical injuries at 9% WPI; Held – claimant assessed as having an adjustment disorder with anxious and depressed mood; WPI assessed at 6%; the need for further psychological consultations was directly related to the accident but was not reasonable and necessary as it was not focused on pain management; MAC revoked.
Decision date: 13 June 2025 | Panel Members: Member Alexander Bolton, Dr Thomas Newlyn, and Dr Christopher Rikard-Bell | Injury module: Mental and Behavioural; Treatment Type: Psychological Treatment
QBE Insurance (Australia) Limited v Al-Fartoosi [2025] NSWPICMP 419
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC) under section 7.26; threshold injury dispute; psychological/psychiatric injury; previous accident and psychological/psychiatric injury; issues of diagnosis and causation; Held – diagnosed an adjustment disorder; new injury or aggravation injury caused by the accident; either way injury is threshold injury; MAC revoked; new certificate issued; Todev v AAI Limited t/as GIO, and AAI Limited t/as GIO v Hoblos applied.
Decision date: 13 June 2025 | Panel Members: Member Belinda Cassidy, Dr Surabhi Verma, and Dr Melissa Barrett | Injury module: Mental and Behavioural
Hammoud v Allianz Australia Insurance Limited [2025] NSWPICMP 420
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); threshold injury dispute; causation considerations of whether a right shoulder injury tear of the supraspinatus tendon was as a result of the accident or a degenerative condition; light impact collision; insurer relied on expert biomechanical report; weight of medical evidence was to the effect that the impact forces were not of such a degree that the claimant could have suffered a shoulder tear as a result of the collision; Held – Review Panel satisfied that all injuries suffered by the claimant were threshold injuries; Medical Assessor found that none of the claimant’s injuries arose from the accident but the Review Panel concluded the claimant did suffer soft tissue injuries but that these were threshold injuries; MAC revoked; new certificate issued.
Decision date: 13 June 2025 | Panel Members: Member Alexander Bolton, Dr Shane Moloney, and Dr Drew Dixon | Injury module: Spine, Upper Limb, and Lower Limb
Insurance Australia Limited t/as NRMA Insurance v Keogh [2025] NSWPICMP 421
Motor Accident Injuries Act 2017; degree of permanent impairment disputed; claimant suffered displaced sternum fracture and multiple rib fractures (all resolved), minor head injury, and numerous soft tissue injuries; proceedings in both Divisions of the Commission; widely divergent assessments by different IMEs and Medical Assessors (MA) under Motor Accidents and Workers Compensation schemes; MA Fitzsimons found 8% whole person impairment (WPI) for right shoulder and 5% WPI for thoracic spine; MA Fitzsimons sought opinion from MA Korber as to presence of compression fractures in thoracic spine; MA Fitzsimons disregarded MA Korber’s opinion without giving reasons; Held – Review Panel accepts MA Korber’s findings; Review Panel finds movement in right shoulder improved since previous assessments; Review Panel finds 3% WPI for right shoulder and 0% WPI for thoracic spine; MAC revoked.
Decision date: 16 June 2025 | Panel Members: Member Gary Victor Patterson, Dr Margaret Gibson, and Dr Sophia Lahz | Injury module: Spine, Upper Limb, Digestive System, and Brain Injury
Insurance Australia Limited t/as NRMA Insurance v Ajaj [2025] NSWPICMP 422
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); dispute related to assessment of whole permanent impairment (WPI); psychological injury; claimant examined by Medical Assessors; diagnosis of post-traumatic stress disorder (PTSD); Held – degree of permanent impairment not greater than 10%; MAC revoked; new certificate issued.
Decision date: 17 June 2025 | Panel Members: Member Bianca Montgomery-Hribar, Dr Christopher Canaris, and Dr Ankur Gupta | Injury module: Mental and Behavioural
Youi Pty Limited v Green [2025] NSWPICMP 425
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); claimant suffered injury in a motor vehicle accident; Medical Assessor (MA) certified injuries to the right knee and head caused by the accident were soft tissue injuries and therefore threshold injuries; he certified injury to the left knee was not a threshold injury; application for review by insurer; MRI following accident showed no acute tear of medial meniscus; acute tear of medial meniscus shown on MRI scan of 14 May 2024; Held – injury to head was soft tissue injury with no evidence of traumatic brain injury; accident caused soft tissue injury to both knees; acute tear of the medial meniscus of the left knee not caused by accident; soft tissue injury of head and both knees all threshold injuries; MAC revoked.
Decision date: 18 June 2025 | Panel Members: Member Susan McTegg, Dr Sophia Lahz, and Dr Christopher Oates | Injury module: Lower Limb and Nervous System (Neurological)
Insurance Australia Limited t/as NRMA Insurance v Kim [2025] NSWPICMP 426
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); whether the claimant suffered a post-traumatic stress disorder (PTSD) and if this was a non-threshold injury; claimant injured when another car slowly drove into the passenger side door of the claimant’s car; claimant saw her GP immediately thereafter but for other reasons and to which she is proceeding at the time of the accident; claimant did not disclose accident details to her GP; claimant attended GP four days later and then referred to the accident; insurer’s medical experts suggested the claimant was malingering; the claimant is of a non-English speaking background and requiring an interpreter; in these circumstances tests undertaken and the responses may not be accurate and cannot be relied on; Held – Review Panel determined that the claimant had not suffered PTSD but had developed a persistent depressive disorder with a comorbid alcohol use disorder and that this was a non-threshold injury; MAC revoked.
Decision date: 18 June 2025 | Panel Members: Member Alexander Bolton, Dr Paul Friend, and Dr Alan Doris | Injury module: Mental and Behavioural
Soper v QBE Insurance (Australia) Limited [2025] NSWPICMP 427
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); treatment dispute pursuant to section 3.24(2); claimant was injured when insured vehicle struck and ran her over; claim of injury to the left hip; diagnosed with bilateral avascular necrosis; claimant underwent total left hip replacement; Medical Assessor certified the operation as not related to the injury caused by the accident and not reasonable and necessary; Held – evidence does not establish on the balance of probabilities that the claimant suffered a left hip injury as a result of the accident; development of avascular necrosis from traumatic origin would require a direct injury to the hip and the evidence does not establish that to be the case; MAC confirmed.
Decision date: 18 June 2025 | Panel Members: Member Elizabeth Medland, Dr Drew Dixon, and Dr Shane Moloney | Treatment Type: Surgery
Workers Compensation Medical Appeal Panel Decisions
Allaw v Allstaff Australia Sydney Pty Ltd [2025] NSWPICMP 416
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal against 12% whole person impairment (WPI) assessment regarding lumbar spine; whether a nucleoplasty was a procedure to which Table 4.2 of Chapter 4.37 of the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed (AMA 5) applied; Held – the nucleoplasty procedure is not defined within either AMA 5 or the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021 (the Guides); however the minimal invasive nature of the procedure was similar to the insertion of a spinal stimulator and was identified by the phrase “or similar device” in Chapter 4.41 of the Guides; no additional WPI was payable; MAC confirmed.
Decision date: 12 June 2025 | Panel Members: Member John Wynyard, Dr Drew Dixon, and Dr Andrew Porteous | Body system: Lumbar Spine
Wilson v Challenge Community Services [2025] NSWPICMP 423
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); injury to left leg, lumbar spine, cardiovascular system, and scarring; appeal with respect to assessment of lumbar spine only; appeal grounds limited to whether there was lumbar spondylosis and extent of section 323 deduction; radiological evidence of degenerative change; Held – MAC confirmed.
Decision date: 17 June 2025 | Panel Members: Member Catherine McDonald, Dr David Crocker, and Dr Drew Dixon| Body system: Left Lower Extremity, Lumbar Spine, Cardiovascular System, and Scarring (TEMSKI)
Lee v NSCA Foundation Ltd t/as National Security Council [2025] NSWPICMP 424
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal from psychological assessment of 22% whole person impairment (WPI) reduced pursuant to section 323 to nil; whether procedural fairness denied to worker; whether referral dictated that the injury was a disease injury contracted during employment; whether the referral dictated that the diagnosis was an adjustment disorder; whether error made in assessment of employability; whether section 323 100% deduction erroneous; Held – diagnosis a matter for the Medical Assessor (MA); Wingfoot Australia Partners Pty Ltd v Kocak applied; procedural fairness available but not used; section 327(3)(b) and section 328 considered; referral defined only ‘psychiatric/psychological’ injury and a deemed date of injury; MA at liberty to make decisions regarding causation as part of function; Bindah v Carter Holt Wood Products Australia (Pty) Limited applied; employability rating open to MA on facts; MA exceeded power by deducting 100%; Chapter 11.10 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021 methodology used to establish quantum of section 323 deduction; conflict between Marks v Secretary, Department of Communities and Justice (No2) and Matheson v BaptistCare NSW and ACT noted; MAC revoked.
Decision date: 17 June 2025 | Panel Members: Member John Wynyard, Professor Nicholas Glozier, and Dr John Baker| Body system: Psychological/Psychiatric
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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