Legal Bulletin No. 220
This bulletin was issued on 18 July 2025
Issued 18 July 2025
Welcome to the two hundred and twentieth 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
CSR Limited v Hayes [2025] NSWPICPD 51
Workers compensation; procedural fairness; obligation of Member to deal with submissions; adequacy of Member’s reasons; Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; Wang v State of NSW [2019] NSWCA 263 considered and applied; Kowalski v Repatriation Commission [2011] FCAFC 43 considered and applied; Held – the Member’s Certificate of Determination dated 12 September 2024 is confirmed.
Decision date: 4 July 2025 | Before: President Judge Phillips
Motor Accidents non-Presidential Member Decisions
Lazkani v AAI Ltd t/as AAMI [2025] NSWPIC 320
Motor Accident Injuries Act 2017; insurer requested that the claimant undergo neuropsychological assessment; claimant refused to attend; insurer sought an order under section 6.27 that if the claimant did not attend neuropsychological assessment the assessment under Division 7.6 cannot be continued; whether the claimant had a reasonable excuse for not complying with request; whether the request unreasonable, unnecessarily repetitious or dangerous; Held – neuropsychological assessment of the claimant not relevant to the issues in dispute and the request that she do so is unreasonable; claimant should not be required to attend medical assessment that is not relevant to the issues in dispute; claimant has a reasonable excuse for not complying with insurer’s request.
Decision date: 4 July 2025 | Senior Member: Brett Williams
PXAYL v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPIC 324
Motor Accident Injuries Act 2017 (MAI Act); miscellaneous claims assessment; dispute concerning insurer’s determination to cease statutory benefits after 52 weeks under sections 3.11 and 3.28 of the MAI Act; insurer alleged claimant was wholly or mostly at fault for collision while merging lanes; claimant contended accident caused by insured driver failing to yield after entering from side street; competing versions of events supported by limited and inconsistent evidence; insurer relied on regulation 148(2) of the Road Rules 2014 and independent witness statement; physical damage pattern and road geometry inconsistent with insurer’s account; witness statement found unreliable and uncorroborated; insured driver failed to see claimant’s vehicle prior to impact, raising inference of inadequate lookout; claimant’s account found plausible and consistent with damage and scene; insurer failed to discharge burden of proof; Held – accident not caused wholly or mostly by the claimant; statutory benefits beyond 52 weeks not precluded.
Decision date: 7 July 2025 | Member: Bridie Nolan
Batakanwa v Allianz Australia Insurance Ltd [2025] NSWPIC 325
Motor Accident Injuries Act 2017; claims assessment dispute about the amount of damages to be paid to the claimant under sections 7.36(3) and 7.36(4); claimant was standing outside his vehicle in the emergency lane of the motorway when he was struck by an unidentified motor vehicle; insurer admitted liability and no allegation of contributory negligence; claimant suffered fractured left fibula, severe lacerations to the left arm and psychological injuries; claimant is 41 years of age and is a slicing hand, machine operator and beef packer by profession; insurer conceded entitlement to non-economic loss; claim for non-economic loss, past and future economic loss and past and future loss of superannuation; Held – claimant is entitled to damages for non-economic loss, past and future economic loss and past and future superannuation.
Decision date: 8 July 2025 | Member: David Ford
Jawadi-Yare v Allianz Australia Insurance Ltd [2025] NSWPIC 326
Motor Accident Injuries Act 2017; assessment of damages; liability wholly admitted; claimant presented with extensive pre-existing symptoms; claimant had not worked since 2005; no evidence to support claim she was looking for work in aged care before accident; damages limited to past and future economic loss and superannuation; no statutory benefits paid; Held – assessment of damages made in accordance with section 7.36 in sum of $20,000; no claim made by claimant for costs and disbursements.
Decision date: 9 July 2025 | Member: Elyse White
Workers Compensation non-Presidential Member Decisions
Mepham v Raymond Harold Mepham & Ors [2025] NSWPIC 311
Workers Compensation Act 1987; claim for lump sum death benefit and interest; first respondent, the father of the deceased, disputed that the deceased was a worker or deemed worker and that the injury arose out of or in the course of employment; first respondent was deceased when the claim was made; deceased had previously been paid in cash or kind for work on first respondent’s property; no evidence of payments to deceased for some years prior to deceased’s death; concession by applicant that the evidence was “murky” and the claim was not a “lay down misère”; consideration of Jones v Dunkel, Luxton v Vines, Fuller-Lyons v New South Wales and Flounders v Miller; Held – evidence did not establish on the balance of probabilities that the deceased was a worker or deemed worker or that the injury arose out of or in the course of employment; award for the first respondent.
Decision date: 1 July 2025 | Senior Member: Kerry Haddock
Stemp v Strikeforce Amc Pty Ltd [2025] NSWPIC 312
Permanent impairment claim; accepted right knee injury; whether applicant suffered consequential conditions to right hip and lumbar spine; applicant was a merchandiser injured in course of employment; claimed consequential conditions due to persistent limp until total knee replacement; Held – presence of consequential condition is a causation question decided by commonsense evaluation of all lay and expert evidence; Kooragang Cement Pty Limited v Bates applied; no pathological change needed; only symptoms and restrictions linked to knee injury; Kumar v Royal Comfort Bedding Pty Ltd and Moon v Conmah Pty Ltd cited and followed; medical and lay evidence establish consequential conditions; matter remitted to President for referral to a Medical Assessor to determine permanent impairment to all claimed body systems.
Decision date: 1 July 2025 | Member: Cameron Burge
Lean v Raygal Pty Ltd [2025] NSWPIC 313
Workers Compensation Act 1987 (WC Act); Workplace Injury Management and Workers Compensation Act 1998 (WIM Act); claim for weekly benefits compensation; sections 32A, 33, 37 and clause 9 of Schedule 3 of the WC Act; sections 78, 79, 80, 289, 287A, and 289A of WIM Act; validity of section 78 dispute notice and work capacity decision following issue of a section 287A review notice; discretion; notice period; incapacity; estoppel by conduct; suitable employment; Mateus v Zodune Pty Limited t/as Tempo Cleaning Services, Commonwealth v Verwayen, Begnell v SuperStart Batteries Pty Ltd and Wollongong Nursing Home Pty Ltd v Dewar considered and applied; Held – section 78 notice and work capacity decision revoked following section 287A review outcome; no dispute as to incapacity or weekly compensation; respondent not estopped from disputing incapacity or weekly compensation; suitable employment and capacity to earn assessed; respondent to pay weekly compensation.
Decision date: 2 July 2025 | Member: John Turner
Jones v Berrigan Shire Council [2025] NSWPIC 314
Workers Compensation Act 1987 (WC Act); Personal Injury Commission Act 2020 (PIC Act); Workplace Injury Management and Workers Compensation Act 1998 (WIM Act);claim for lumbar spine injury and scarring; claim for lump sum compensation pursuant to section 66 of the WC Act; applicant assessed by Medical Assessor (MA) and Medical Assessment Certificate (MAC) issued; Certificate of Determination (COD) subsequently issued despite respondent disputing the correct date of injury before issuing COD; respondent applied for reconsideration and rescission of COD and requested determination of correct date of injury; consideration of applicant’s statements, medical and factual evidence, and claim correspondence; consideration of whether Commission should exercise discretion under section 57(1) of the PIC Act to reconsider COD; consideration of whether respondent requires leave under section 289A(4) of the WIM Act to dispute deemed date of injury and whether leave should be granted; consideration of correct deemed date of injury pursuant to sections 15(1)(a) or 16(1)(a) of the WC Act; Held – COD reconsidered and rescinded; respondent required leave to dispute deemed date of injury of 30 August 2023; leave granted; applicant’s deemed date of injury is 13 March 2000 being the first day of incapacity in accordance with sections 15(1)(a)(i) or 16(1)(a)(i) of the WC Act; award for applicant in accordance with MAC as injury deemed to have occurred on 13 March 2000.
Decision date: 2 July 2025 | Member: Gaius Whiffin
Gibbs v T Meier-Smith & M.J. Smith [2025] NSWPIC 315
Workers Compensation Act 1987; claim for consequential lumbar condition where claimant alleged his injured right shoulder gave way when he slipped going down stairs at home and fell on his lower back descending another flight on his back; whether claimant’s version supported by contemporaneous or other evidence; Mason v Demasi, Qannadian v Bartter Enterprises Pty Ltd and Etherton v ISS Property Services Pty Ltd considered and applied; Voudouris v TDV Constructions Pty Ltd, Shankar v Ceva Logistics (Australia) Pty Ltd and Transdev NSW South Pty Ltd v Twining considered; Held – contemporaneous clinical notes did not support claimant’s version; claimant failed to meet onus as to consequential condition; remainder of claim did not reach appropriate threshold; award for respondent.
Decision date: 2 July 2025 | Member: John Wynyard
Workers Compensation Act 1987 (WC Act); sections 33, 37 and clause 2 of Schedule 3 of the WC Act; clause 8C of the Workers Compensation Regulation 2016 (WC Regulation); accepted psychological injury; dispute as to whether claimed incapacity results from the accepted psychological injury; dispute as to incapacity; applicant “acting” at time of injury in a different position to her substantive position; dispute in respect to application of clause 8C of the WC Regulation and as to meaning of “ongoing nature”; pre-injury average weekly earnings (PIAWE); Project Blue Sky Inc v Australian Broadcasting Authority and Secretary, Department of Communities and Justice v Farrugia considered and applied; Held – applicant’s PIAWE determined; respondent is to pay the applicant weekly benefits pursuant to section 37(3)(a) of the WC Act subject to indexation.
Decision date: 3 July 2025 | Member: John Turner
Adams v Anakiwa Fishing Pty Ltd [2025] NSWPIC 317
Workers Compensation Act 1987 (WC Act); Workplace Injury Management and Workers Compensation Act 1998 (WIM Act); claim for medical treatment pursuant to section 60 of the WC Act for tenodesis of biceps by open arthroscopic surgery in relation to claimed injury to right bicep tendon; whether applicant sustained injury to right bicep tendon pursuant to sections 4(a) and 9A of the WC Act; whether surgery reasonably necessary as result of accepted injury pursuant to sections 59 and 60 of the WC Act; whether claim precluded by operation of section 254 of the WIM Act; Held – applicant sustained injury to right bicep tendon pursuant to sections 4(a) and 9A of the WC Act; surgery reasonably necessary as a result of injury pursuant to sections 59 and 60 of the WC Act; claim not precluded by operation of section 254 of the WIM Act; respondent ordered to pay costs of and incidental to surgery pursuant to section 60 of the WC Act.
Decision date: 3 July 2025 | Member: Karen Garner
Albertsen v Westpac Banking Corporation [2025] NSWPIC 318
Workers Compensation Act 1987; applicant claims permanent impairment compensation payable under section 66 for psychological injury sustained in course of employment; respondent does not dispute psychological injury but disputes the deemed date of injury and percentage of whole person impairment (WPI) claimed; by consent, claim referred to Medical Assessor for assessment of WPI with provisional deemed date of injury of 9 February 2023; Held – deemed date of injury sustained in course of employment is 9 February 2023.
Decision date: 3 July 2025 | Member: Jacqueline Snell
Smith v State of New South Wales (NSW Police Force) & Ors [2025] NSWPIC 321
Workers Compensation Act 1987 (WC Act); Workers Compensation Legislation Amendment Act 2012 (WC Amendment Act 2012); claim for psychological injuries; claim for weekly benefits compensation and medical expenses pursuant to section 60 of the WC Act; Certificate of Determination (COD) previously issued awarding applicant weekly benefits and apportioning liability to first respondent to degree of two-thirds; COD ordered second respondent to pay applicant’s award and first respondent to pay apportioned share to second respondent in accordance with section 22A of the WC Act; first respondent seeks reconsideration of COD on basis apportioned share should be calculated under WC Act without amendments that were made to the WC Act by the WC Amendment Act 2012; Demolon Pty Ltd v Parbury Building Products Ltd considered and applied; Samuel v Sebel Furniture Limited and Railcorp NSW v Registrar of the WCC of NSW considered; Held – Commission declines to reconsider COD; issue already determined by COD; first respondent’s separate liability under distinct statutory scheme not to be taken into account when determining contribution payable to second respondent as apportionment of liability for weekly benefits compensation.
Decision date: 4 July 2025 | Member: Gaius Whiffin
Hamad v Express Glass 24 hour Service Pty Ltd [2025] NSWPIC 322
Workers Compensation Act 1987; psychological injury; claim for weekly compensation during sections 37 and 38 periods; assessment of impairment by Medical Assessor (MA) found some work capacity; medical evidence established no current capacity for part of the period; applicant accepted he could not discharge onus of proof of no current work capacity; drawing of inference as to when applicant failed to establish no current work capacity; application of commonsense; Seltsam Pty Ltd v McGuiness and Tudor Capital Australia Pty Ltd v Christensen considered; applicant failed to discharge onus of proof of no current work capacity from commencement of section 38 period; Held – applicant entitled to weekly compensation based on no current work capacity during section 37 period; award for respondent during section 38 period.
Decision date: 7 July 2025 | Principal Member: John Harris
Cleverly v Anglican Community Services [2025] NSWPIC 323
Workers Compensation Act 1987; section 60; claim for proposed surgery for accepted lumbar spine injury; acceptance that surgery results from injury; dispute as to whether surgery is reasonably necessary; fair climate for acceptance of expert medical opinion; Commission’s expert knowledge and inferences; whether 50% chance of success is determinative; phrase “likely to be effective”; Hendrix v Accuro Homecare Pty Ltd, Rose v Health Commission (NSW) and Diab v NRMA Limited considered and applied; Held – likely effectiveness of treatment not determinative; poor prospects does not preclude treatment being reasonably necessary where purpose and potential effect is to alleviate injury consequences and is most effective modality; applicant discharged onus of proof; respondent to pay costs of and ancillary to proposed lumbar spine surgery pursuant to section 60.
Decision date: 7 July 2025 | Member: Kathryn Camp
Motor Accidents Medical Review Panel Decisions
Shales v AAI Ltd t/as GIO [2025] NSWPICMP 460
Motor Accident Injuries Act 2017 (MAI Act); review of Medical Assessment Certificate (MAC); the claimant was injured in a motor vehicle accident; a medical dispute arose as to whether the psychiatric injuries sustained were threshold injuries; a dispute also arose as to total whole person impairment (WPI); the claimant sought a review of the Medical Assessment under section 7.26 of the MAI Act; the Review Panel conducted an examination and considered the factors contributing to the injury according to section 6.6 of the Motor Accidents Guidelines; Held – MAC revoked; the Review Panel determined that the claimant had sustained a psychiatric condition arising from the injuries sustained in the accident; WPI due to the psychiatric injury caused by the accident resulted in 6% WPI.
Decision date: 27 June 2025 | Panel Members: Member Terrence Stern OAM, Dr Gerald Chew and Dr Christopher Rikard-Bell | Injury module: Mental and Behavioural
Shales v AAI Ltd t/as GIO [2025] NSWPICMP 468
Motor Accident Injuries Act 2017 (MAI Act); review of Medical Assessment Certificate (MAC); the claimant was injured in a motor vehicle accident; a medical dispute arose as to whether the psychiatric injuries sustained were threshold injuries; a dispute also arose as to total whole person impairment (WPI); the claimant sought a review of the Medical Assessment under section 7.26 of the MAI Act; the Review Panel conducted an examination and considered the factors contributing to the injury according to section 6.6 of the Motor Accidents Guidelines; Held – MAC revoked; the Review Panel determined that the claimant had sustained a psychiatric condition arising from the injuries sustained in the accident; WPI due to the psychiatric injury caused by the accident resulted in 6% WPI.
Decision date: 1 July 2025 | Panel Members: Member Terrence Stern OAM, Dr Gerald Chew and Dr Christopher Rikard-Bell | Injury module: Mental and Behavioural
Ademovic v AAI Ltd t/as GIO [2025] NSWPICMP 479
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); threshold injury dispute; whether MRI of right shoulder showing possible partial thickness tear is causally related to motor accident; Review Panel accepted claimant’s history of right shoulder pain following accident; factors against causation include delay of documented complaint and investigations, and lack of separate injury to right shoulder with symptoms referred from neck; Held – threshold injury to right shoulder established; possible tendon tear not caused by motor accident; original MAC revoked.
Decision date: 2 July 2025 | Panel Members: Member Jeremy Lum, Dr Margaret Gibson and Dr Adeline Hodgkinson | Injury module: Spine, Brain Injury and Upper Limb
Cho v Allianz Australia Insurance Ltd [2025] NSWPICMP 480
Motor Accidents Injuries Act 2017; review of Medical Assessment Certificate (MAC) under section 7.26; whether degree of permanent impairment resulting from physical injuries caused by accident is greater than 10%; claimant rear-ended by truck; soft tissue injuries alleged to cervical spine, lumbar spine, right shoulder and left shoulder; issue of causation; Medical Assessor certified 9% permanent impairment; Held – Review Panel satisfied claimant’s physical injuries were caused by the accident; degree of permanent impairment found to be 8%, which is not greater than 10%; MAC revoked.
Decision date: 2 July 2025 | Panel Members: Member Bianca Montgomery-Hribar, Dr Margaret Gibson and Dr Alan Home | Injury module: Spine and Upper Limb
Bath v Allianz Australia Insurance Ltd [2025] NSWPICMP 481
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC) of single Medical Assessor; assessment of whole person impairment (WPI); accident on Sydney Light Rail; claimant fell with mobility scooter when Light Rail stopped suddenly; issue of causation in respect of alleged injuries to shoulders; Held – shoulders not injured in accident due to lack of contemporaneous complaint, pain behaviours and cognitive issues; WPI assessed at 5% from injury to cervical spine and thoracic spine caused by motor accident; injuries to left and right shoulder, scarring and damage to spinal stimulator not caused by motor accident; MAC revoked and new MAC issued.
Decision date: 3 July 2025 | Panel Members: Member Elizabeth Medland, Dr Ian Cameron and Dr Les Barnsley | Injury module: Upper Limb, Spine and Minor Skin
BUQ v QBE Insurance (Australia) Ltd [2025] NSWPICMP 482
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); assessment of threshold injury; Medical Assessor (MA) diagnosed adjustment disorder caused by accident; claimant’s application for review under section 7.26; previous diagnoses considered; claimant examined by MA’s of Review Panel; Held – diagnosis of specific simple phobia caused by accident; non-threshold injury; post-traumatic stress disorder (PTSD) considered; Review Panel satisfied criterion A not met; MAC revoked and new MAC issued.
Decision date: 3 July 2025 | Panel Members: Member Bianca Montgomery-Hribar, Dr Melissa Barrett and Dr Steven Yeates | Injury module: Mental and Behavioural
Goode v Allianz Australia Insurance Ltd [2025] NSWPICMP 483
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); dispute as to the degree of permanent impairment; claimant employed as driveway attendant at service station; claimant injured when insured vehicle reversed over her; claimant pregnant at time and feared losing unborn child; claimant’s daughter died two years later from unrelated cause; claimant not working prior to daughter’s death; application of principles in State Government Insurance Commission v Oakley where psychiatric injury caused by subsequent unrelated event; Medical Assessor found 15% whole person impairment (WPI) for post-traumatic stress disorder (PTSD); Review Panel finds 8% WPI for major depressive disorder related to accident and 0% WPI related to subsequent event; Held – MAC revoked.
Decision date: 3 July 2025 | Panel Members: Member Gary Victor Patterson, Dr John Baker and Dr Christopher Canaris | Injury module: Mental and Behavioural
Sultan v QBE Insurance (Australia) Ltd [2025] NSWPICMP 487
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); assessment of threshold injury; claimant driving car at low speed when insured vehicle pulled out and collided with left front door; claimant’s mother injured and hospitalised; claimant walked home; claimant alleges injuries to cervical and lumbar spine and both shoulders; Medical Assessor certified cervical spine, lumbar spine and both shoulder injuries as soft-tissue threshold injuries; Review Panel found right shoulder labral tear caused by accident applying principles of causation; Review Panel found insufficient evidence to determine if left shoulder injury threshold or non-threshold due to absence of relevant imaging; Held – MAC revoked.
Decision date: 5 July 2025 | Panel Members: Member Gary Victor Patterson, Dr Les Barnsley and Dr Shane Moloney | Injury module: Spine and Upper limb
Busby v AAI Ltd t/as AAMI [2025] NSWPICMP 489
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); medical assessment of whole person impairment (WPI) by Medical Assessor; claimant injured in motor vehicle accident; MA assessed 13% WPI; insurer sought review under section 7.26; Review Panel re-examined claimant; Held – Review Panel revoked MAC; 3% WPI assessed; new MAC issued.
Decision date: 7 July 2025 | Panel Members: Member Terrence Stern OAM, Dr Michael Hong and Dr Himanshu Singh| Injury module: Mental and Behavioural
Workers Compensation Medical Appeal Panel Decisions
Chapple v Royal Freemasons Benevolent Institution [2025] NSWPICMP 475
Workplace Injury Management and Workers Compensation Act 1998; appeal of Medical Assessment Certificate (MAC); appeal concerning nature of injury as disease injury over a period or frank incident; issue whether deduction made by Medical Assessor (MA) under section 323(1) was an error; Appeal Panel held injury was caused by a frank incident; Appeal Panel found MA erred in deduction by not assuming deductible proportion of 10% under section 323(1); Held – MAC revoked.
Decision date: 13 June 2025 | Panel Members: Member Marshal Douglas, Dr Alan Home and Dr James Bodel | Body system: Left Upper Extremity and Right Upper Extremity
State of New South Wales (NSW Police Force) v Vella [2025] NSWPICMP 476
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal based on incorrect assessment of two psychiatric impairment rating scale (PIRS) categories; Appeal Panel found assessment was glaringly improbable regarding social and recreational activities; error established; Held – MAC revoked.
Decision date: 2 July 2025 | Panel Members: Senior Member Elizabeth Beilby, Dr Douglas Andrews and Prof Nicholas Glozier | Body system: Psychological/Psychiatric
Pirwitz v Anglicare – Jean Ross House [2025] NSWPICMP 477
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal based on the application of section 323; no error established; Held – MAC confirmed.
Decision date: 2 July 2025 | Panel Members: Senior Member Elizabeth Beilby, Dr Douglas Andrews and Dr John Baker | Body system: Psychological/Psychiatric
Action James NSW Pty Ltd v Al Khulaif [2025] NSWPICMP 478
Workplace Injury Management and Workers Compensation Act 1998; appeal of Medical Assessment Certificate (MAC); appeal by employer against 22% whole person impairment (WPI) assessment for psychological injury; whether Medical Assessor (MA) failed to distinguish between primary and secondary psychiatric injury; whether error made in assessing psychiatric impairment rating scale (PIRS) for all categories; MA failed to adopt the two-step approach mandated in Mercy Connect Limited v Kiely; re-examination requested; Appeal Panel found primary and secondary injuries so intermingled that separation not possible except for employability category where adjustment disorder arising from increased pain accounted for increase in employability; class 3 for travel category unexplained where worker travelled alone overseas for 40 days; Held – MAC revoked; Appeal Panel assessed 17% WPI.
Decision date: 2 July 2025 | Panel Members: Member John Wynard, Dr Douglas Andrews and Dr Michael Hong | Body system: Psychological/Psychiatric
Tonks v State of New South Wales (NSW Police Force) [2025] NSWPICMP 484
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of 6% whole person impairment (WPI) for primary psychiatric injury; appellant worker submitted Medical Assessor erred in assessment of four psychiatric impairment rating scale categories (PIRS), namely self-care and personal hygiene, social functioning, concentration, persistence and pace, and employability; Appeal Panel found no error in assessment of self-care and personal hygiene, concentration, persistence and pace, and employability; Appeal Panel found demonstrable error in assessment of social functioning, rating the appellant as class 2 in that scale; Held – MAC revoked; Appeal Panel assessed 7% WPI.
Decision date: 3 July 2025 | Panel Members: Member Carolyn Rimmer, Prof Nicholas Glozier and Dr Ash Takyar | Body system: Psychological/Psychiatric
Australian Health & Nutrition Association Ltd v Steane [2025] NSWPICMP 485
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); agreement by both parties that measurements for range of movement of respondent’s shoulders in MAC were contradictory and that this was an error; issue whether Medical Assessor (MA) erred by including a rating for resection arthroplasty of distal clavicle; respondent re-examined to establish range of movement; Held – Appeal Panel held MA erred in including rating for resection arthroplasty as respondent had not undergone procedure; MAC revoked.
Decision date: 3 July 2025 | Panel Members: Member Marshal Douglas, Dr James Bodel and Dr Tommasino Mastroianni | Body system: Right Upper Extremity
Lodge v John Lodge Water Cartage Pty Ltd [2025] NSWPICMP 486
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of permanent impairment for hearing loss; issue whether Medical Assessor (MA) based assessment on assumption that hearing losses below 2000Hz are not attributable to hazardous noise; issue whether MA erred by excluding hearing loss below 2000Hz in impairment assessment; Appeal Panel held MA based assessment on audiogram obtained and was entitled to do so; configuration of audiogram inconsistent with hearing loss below 2000Hz due to hazardous noise; Held – MAC confirmed.
Decision date: 3 July 2025 | Panel Members: Member Marshal Douglas, Dr Henley Harrison and Dr Thandavan Raj | Body system: Hearing Loss
Cutajar v Figtree High School P&C Association [2025] NSWPICMP 490
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of 16% whole person impairment (WPI) for lumbar spine injury and 0% WPI for scarring; issue whether Medical Assessor (MA) erred in assessing 0% WPI for scarring under Table 14.1 of SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment; issue whether deduction of one tenth for pre-existing lumbar spine condition under section 323 was justified; Appeal Panel held best fit for scarring was 0% WPI; MA provided adequate reasons for deduction under section 323; Held – MAC confirmed.
Decision date: 8 July 2025 | Panel Members: Member Carolyn Rimmer, Dr Margaret Gibson and Dr Roger Pillemer | Body system: Lumbar Spine and Scarring
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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