Legal Bulletin No. 221
This bulletin was issued on 25 July 2025
Issued 25 July 2025
Welcome to the two hundred and twenty first 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.
Supreme Court/ Court of Appeal Decisions
State of New South Wales v Culhana [2025] NSWCA 157
Workers compensation; appeal to Presidential member; nature of appeal to Presidential member; Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352; Presidential member dismissed appeal on basis that findings made at first instance were "open" and it was insufficient that he would have drawn a different inference; whether appeal governed by principles in Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9; effect of amendments in 2011 altering nature of appeal in response to court decisions; subsequent decisions held that right of appeal under s 352 was narrower; whether this Court should depart from those decisions; Raulston v Toll Pty Ltd [2011] NSWWCCPD 25; 10 DDCR 156 disapproved; Held – to the extent necessary grant leave to appeal; appeal allowed on ground 1 and otherwise dismissed; set aside the decision of the Personal Injury Commission constituted by the Acting Deputy President, and remit the State’s appeal under s 352 to the Personal Injury Commission for determination in accordance with law; the State to pay the first respondent’s costs of this appeal; no order as to the costs of the second, third, fourth and fifth respondents.
Decision date: 17 July 2025 | Before: Bell CJ, Leeming JA, Kirk JA, McHugh JA, and Free JA
Thorpe v Westpac Banking Corporation [2025] NSWSC 767
Administrative law; consent orders; application to set aside decision of the Appeal Panel of the Personal Injury Commission; where Appeal Panel had regard to inadmissible material; where parties agreed there had been an error of law on the face of the record; consent orders made; Held - the Court sets aside the decision of the Medical Appeal Panel dated 17 October 2024 on the basis of an error of law on the face of the record; the Court notes that the error of law on the face of the record was that the Medical Appeal Panel had regard to inadmissible evidence, namely the material that was attached to the Defendant's application to admit late documents dated 26 July 2024; those documents could not be adduced before the Medical Appeal Panel because the criteria in s 328(3) of the Workplace Injury Management and Workers Compensation Act 1998 were not met and the documents were excluded by operation of section 73 of the Workplace Injury Management and Workers Compensation Act 1998; the Court remits the matter to the Second Defendant for determination by a new Medical Appeal Panel in accordance with law; the Court notes that the above consent judgment is without prejudice to the parties' ability to make submissions to the new Medical Appeal Panel about the admissibility of the reports of Dr Young; no order as to costs, with the intention that each party bear its own costs.
Decision date: 17 July 2025 | Before: Schmidt AJ
Administrative law; judicial review; jurisdictional error; motor vehicle accident; medical assessor assessed permanent impairment of a body part which did not fall within the scope of referral to medical assessor; where medical assessor denied procedural fairness; error of law on the face of the record and jurisdictional error; President’s delegate refused to refer decision to appeal panel; decisions of medical assessor and President’s delegate must be set aside; Motor Accidents Injuries Act 2017 (NSW), ss 4.11, 7.20, 7.21, 7.26; Held - set aside the second defendant’s medical assessment of the first defendant made on 2 December 2024; set aside the third defendant’s decision made on 17 February 2025 to refuse to refer the plaintiff’s application for review of the second defendant’s medical assessment to a review panel; remit the plaintiff’s application for a determination of the medical dispute to the third defendant for referral pursuant to s 7.20(2) of the Motor Accident Injuries Act 2017 (NSW) to a medical assessor other than the second defendant; no order as to costs.
Decision date: 18 July 2025 | Before: Adamson JA
Presidential Member Decisions
State of New South Wales (Hunter New England Local Health District) v BHU [2025] NSWPICPD 52
Workers compensation; section 11A of the Workers Compensation Act 1987; failure of Member to engage with lay and medical evidence to show causative determination of injury; section 4(b)(ii) of the 1987 Act; adequacy of reasons; rule 78 of the Personal Injury Commission Rules 2021.
Decision date: 16 July 2025 | Before: Acting Deputy President Geoffrey Parker SC
Motor Accidents non-Presidential Member Decisions
Phothisenh v AAI Limited t/as AAMI [2025] NSWPIC 338
Motor Accident Injuries Act 2017; claim for statutory benefits; insurer’s denial of liability to pay for ongoing travel assistance for a 7-year-old child to and from school; dispute about whether claimant can take public transport or needs ongoing private (Uber) transport assistance; dispute referred to member to determine whether transport assistance was a form of treatment and care within the definition; claimant argued attendance at school was “education” or “rehabilitation” and therefore treatment; insurer argued the process of rehabilitation had finished; Held – attendance at school was compulsory and not within the meaning of “education” or “rehabilitation” in the definition of treatment; transport to school was a form of rehabilitation and therefore a form of treatment; transport by private vehicle was transport modification and therefore a form of treatment; transport assistance was personal assistance and a form of attendant care service and therefore a form of treatment and care; real issue in dispute between the parties was about whether ongoing transport assistance was reasonable and necessary and related to the injuries which was a medical assessment matter; dispute referred to the Commission under section 7.20(1)(b) for medical assessment; Fowler v Youi Pty Limited referred to and distinguished; BLI v Allianz Australia Insurance Limited referred to and followed.
Decision date: 26 June 2025 | Member: Belinda Cassidy
Wong v Allianz Australia Insurance Ltd [2025] NSWPIC 333
Motor Accident Injuries Act 2017; settlement approval; the claimant was injured on 22 September 2023; the claimant was working at the time of the accident; the claimant is aware no entitlement to future statutory benefits once settlement is approved; the settlement complies with clause 7.37 of the Motor Accident Injuries Guidelines; Held – the settlement approved in the amount of $70,000.00 consisting of nil non-economic loss, past economic loss of $40,000.00 and future economic loss of $30,000.00 by way of a buffer less $23,051.97 for statutory benefits paid by the insurer.
Decision date: 10 July 2025 | Member: Philip Carr
Washbourne v QBE (Insurance) Australia Limited [2025] NSWPIC 334
Motor Accident Injuries Act 2017; damages; liability not disputed; physical and psychiatric/psychological injuries; claim for non-economic loss; past and future economic loss; consideration of medico-legal examinations, treating evidence, rehabilitation, vocational assessments and lay evidence; history of heavy physical labour; credit; exaggeration of disabilities and fabrication alleged; enthusiastic application to rehabilitation; bilateral loss of partial use of upper extremities and continuing cervical spine pain; claimant has not returned to work after attempted return with son as unpaid assistant; low education and dependent on physical strength; unsophisticated; Briginshaw v Briginshaw considered; continuing loss of earning capacity; consideration and application of section 4.7; Held – claimant is witness of credit; no in demand skills and experience without physical capacity; residual earning capacity cannot be practicably exercised; damages assessed for non-economic loss, past economic loss as weekly loss and future economic loss calculated on 15% vicissitudes discount; claimant’s legal costs and disbursements assessed.
Decision date: 10 July 2025 | Member: Terence O'Riain
Workers Compensation non-Presidential Member Decisions
Strachan v Colourwise Nursery (NSW) Pty Ltd [2025] NSWPIC 328
Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); knee injury in 2014 but no claim for compensation until 2021; section 261 of the 1998 Act - Hou v Zhen Qui Hou Pty Ltd; section 261(9) – register of injuries; ignorance - Eason v Bluescope Steel Limited and Gregson v L & M Dimasi Pty Ltd; other reasonable cause - Albury Real Estate v Rouse, Garrett v Tooheys Ltd, and Jones v Qantas Airways Pty Ltd; serious and permanent disablement - Broken Hill Proprietary Company v Kuhna; incapacity; Held – award for weekly compensation and section 60 expenses.
Decision date: 19 June 2025 | Member: Catherine McDonald
Grant v Lyndhurst IGA Pty Ltd [2025] NSWPIC 329
Workers Compensation Act 1987; section 38; accepted physical and psychological injuries as the result of an assault in the workplace by a store customer; entitlement to weekly benefits under section 38 disputed for a closed period; clause 9 of Schedule 3; current work capacity and no current work capacity; section 32A; suitable employment; whether unpaid training and study approved by the respondent as a pathway for the applicant to return to work constituted work that would support a finding of current work capacity; Mid North Coast Local Health District v De Boer and Wollongong Nursing Home Pty Ltd v Dewar considered; Held – the applicant had no current work capacity for the closed period claimed within the meaning of clause 9 of Schedule 3; the respondent to pay the applicant weekly compensation in respect of the injuries for the closed period claimed under section 38(2).
Decision date: 9 July 2025 | Member: Anthony Scarcella
Catlow v Ventia Australia Pty Ltd [2025] NSWPIC 331
Workers Compensation Act 1987; injury; section 4; Kooragang Cement Pty Ltd v Bates, Paric v John Holland (Constructions) Pty Ltd [1984], and Paric v John Holland (Constructions) Pty Ltd [1985] applied; Held – the applicant did not sustain injury as claimed; there is an award for the respondent.
Decision date: 9 July 2025 | Member: John Turner
Marium v Woolworths Group Ltd (No 2) [2025] NSWPIC 332
Workers Compensation Act 1987; injury; benign paroxysmal positional vertigo; consideration of expert evidence; entitlement to weekly compensation; consequential condition; entitlement to medical expenses; Held – applicant is suffering from ongoing episodic phenomenon caused by benign paroxysmal positional vertigo; award for the respondent with respect to injury to right shoulder and traumatic brain injury.
Decision date: 10 July 2025 | Member: Mitchell Strachan
Yahya v Tanks Services Pty Ltd [2025] NSWPIC 336
Workers Compensation Act 1987; injury; section 4; Kooragang Cement Pty Ltd v Bates, Paric v John Holland (Constructions) Pty Ltd [1984], and Paric v John Holland (Constructions) Pty Ltd [1985] applied; Held – the applicant did not sustain injury to his lumbar spine as alleged; there is an award for the respondent.
Decision date: 11 July 2025 | Member: John Turner
Skarlis v Southford Pty Ltd [2025] NSWPIC 337
Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); worker at fish farm suffered a serious laceration to her thigh in 2018 which became infected; consequential back and right hip injuries; worker returned to work and suffered a further injury in 2021 when she lost her balance and fell, aggravating the injury to her back and leading to surgery; permanent impairment claim; only one assessment of permanent impairment sought; Trustees of the Roman Catholic Church for the Diocese of Parramatta v Barnes, State Government Insurance Commission v Oakley, and Ozcan v Macarthur Disability Services; Held – remitted for referral to Medical Assessor with 2018 date of injury.
Decision date: 15 July 2025 | Member: Catherine McDonald
Motor Accidents Medical Review Panel Decisions
Zervos v Allianz Australia Insurance Ltd [2025] NSWPICMP 498
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); depressive disorder with alcohol use disorder; post-traumatic stress disorder (PTSD); depression and anxiety; remedial assessments; changing demeanour; chemical dependence history; relevant psychiatric history; post-accident symptom; excessive alcohol consumption; ongoing psychiatric treatment; specific phobias; consistence in history; Held – MAC revoked; new MAC issued with 19% whole person impairment (WPI).
Decision date: 10 July 2025 | Panel Members: Member Hugh Macken, Dr Thomas Newlyn, and Dr Paul Friend | Injury module: Mental and Behavioural
Alalawi v Allianz Australia Insurance Ltd [2025] NSWPICMP 499
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); assessment of treatment and care disputes; claimant was a seat-belted driver stationary at traffic lights when his vehicle was struck from behind; claimant’s vehicle was pushed into the car in front of it; claimant’s airbags did not deploy; claimant was taken by ambulance to hospital with early complaints of neck pain which became more severe; claimant underwent CT scan imaging of the cervical spine and head; claimant discharged later that day with analgesia; claimant attended his general practitioner, complaining of neck pain; claimant cannot recall any symptoms of lower back pain until between 1-2 weeks after the subject accident; previous Review Panel decided threshold injury dispute; it was not satisfied that claimant suffered an injury to the lumbar spine in the subject accident; it was persuaded by the delayed reporting of symptoms until 1-2 weeks post-accident; Medical Assessor (MA) found that proposed lumbar surgery is not related to the subject accident but was reasonable and necessary in the circumstances; MA adopted same causation findings as previous Review Panel; Held –Review Panel satisfied that proposed surgery is related to the subject accident but is not reasonable and necessary; reasons explained; MAC revoked.
Decision date: 10 July 2025 | Panel Members: Member Gary Victor Patterson, Dr Tai-Tak Wan, and Dr David Gorman | Treatment type: Surgery
El Jassem v AAI Limited t/as GIO [2025] NSWPICMP 500
Motor Accident Injuries Act 2017; claimant’s application for review of Medical Assessment Certificate (MAC) under section 7.26; whole person impairment (WPI) dispute; physical injuries (head, spine, left shoulder, right shoulder, chest and pelvis) assessed at 10% WPI; issues of causation of some of injuries; nature of injuries and inconsistency of shoulder motion; detailed consideration of shoulder impairment; Held – Review Panel satisfied injuries were sustained to the head, cervical and lumbar (but not thoracic) spine, chest, pelvis and left (but not right) shoulder; most injuries had resolved leaving no impairment; WPI of neck (5%), left shoulder (2%) total 7%; MAC revoked as original certificate included finding of 10% WPI; chapter 3 section 3.1 of American Medical Association’s Guides to the Evaluation of Permanent Impairment, 5th edition (AMA 5) and clauses 6.31, 6.50, 6.51 and 6.52 of the Motor Accident Guidelines.
Decision date: 10 July 2025 | Panel Members: Member Belinda Cassidy, Dr Ian Cameron, and Dr Margaret Gibson | Injury module: Brain Injury, Spine, Upper Limb, Lower Limb, and Mental and Behavioural
Mason-Balshaw v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 501
Motor Accidents Compensation Act 1999 (MAC Act); Motor Accident Injuries Act 2017 (MAI Act);review of Medical Assessment Certificate (MAC); permanent impairment; accident on bus on 30 April 2019; assessment of whole person impairment (WPI) under the MAC Act; assessment of treatment dispute under the MAI Act; causation; cervical, thoracic and lumbar spine, right shoulder, left elbow, wrist and hand, head injury, and right hip; discectomy and fusion surgery; the claimant was injured in an accident whilst on a public bus which braked suddenly to avoid an unidentified vehicle; NRMA also managing statutory benefits claim; longstanding history of cervical and lumbar spine complaints; lack of contemporaneous complaint; Held – per Briggs v IAG Limited t/a NRMA Insurance, the relevant legal test in relation to causation does not require scientific certainty; accident caused soft tissue injury to head (resolved); injuries to cervical spine, thoracic spine, lumbar spine, right shoulder, left elbow, left wrist and left hand; injury to right hip not caused by accident; MAC revoked; new MAC issued with WPI assessed at 19%; three-level discectomy and fusion at C4/5, C5/6 and C6/7 related to the injury caused by the accident but not reasonable and necessary in the circumstances.
Decision date: 10 July 2025 | Panel Members: Member Susan McTegg, Dr Michael Couch, and Dr Sophia Lahz | Treatment type: Surgery
Mason-Balshaw v Allianz Australia Insurance Ltd [2025] NSWPICMP 502
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); permanent impairment; accident on bus on 30 April 2019 caused by unidentified vehicle; assessment of whole person impairment (WPI); causation; cervical, thoracic and lumbar spine, right shoulder, left elbow, wrist and hand, head injury, and right hip; the claimant was injured in an accident whilst on a public bus which braked suddenly to avoid an unidentified vehicle; longstanding history of cervical and lumbar spine complaints; lack of contemporaneous complaint; Held – per Briggs v IAG Limited t/a NRMA Insurance; the relevant legal test in relation to causation does not require scientific certainty; accident caused soft tissue injury to head (resolved); injuries to cervical spine, thoracic spine, lumbar spine, right shoulder, left elbow, left wrist and left hand; injury to right hip not caused by accident; MAC revoked; new MAC issued with WPI assessed at 19%.
Decision date: 10 July 2025 | Panel Members: Member Susan McTegg, Dr Michael Couch, and Dr Sophia Lahz | Injury module: Spine, Upper Limb, Lower Limb, and Brain Injury
Cain v QBE Insurance (Australia) Limited [2025] NSWPICMP 508
Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); claimant hit by car while exiting from vehicle; suffered degloving injury to left leg with peroneal nerve involvement; original Medical Assessor assessed 3% whole person impairment (WPI) comprising of injury to the superficial peroneal nerve with dysaesthesia at 2% and associated scarring at 1%; primary issue on review was whether the nerve involvement in the left leg was to the superficial peroneal nerve or the common peroneal nerve; Review Panel re-examination found loss of range of motion in the left ankle (6% lower extremity impairment (LEI)), superficial nerve sensory loss and dysaesthesia (3% LEI) and crepitus and tenderness in left knee (5% LEI); WPI was 7% as rounded; scarring assessed at 1% WPI; Held – the total combined rounded WPI was 8%; MAC revoked.
Decision date: 14 July 2025 | Panel Members: Member Jeremy Lum, Dr Shane Moloney, and Dr Christopher Oates | Injury module: Lower Limb, Upper Limb, Skin and Spine
Workers Compensation Medical Appeal Panel Decisions
Abbott v Brefni Corporate Pty Ltd [2025] NSWPICMP 491
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal against Medical Assessor’s (MA) assessment of impairment in relation to psychiatric and psychological disorders; appellant alleged that error in history taken by MA concerning a person other than the claimant in the initial MAC infected the entire assessment process; later attempt by MA to correct error in subsequent certificate; demonstrable error found; failure to explain path of reasoning in sufficient detail; assessment where there is more than a mere difference of opinion on a matter about which reasonable minds may differ; failure to consider relevant and significant material; New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales, Mahenthirarasa v State Rail Authority of New South Wales, Wingfoot Australia Partners Pty Ltd v Kocak, Campbelltown City Council v Vegan, Queanbeyan Racing Club Ltd v Burton, Merza v Registrar of the Workers Compensation Commission and Anor, Ferguson v State of New South Wales, Parker v Select Civil Pty Limited, Vitaz v Westform (NSW) Pty Ltd, Western Sydney Local Health District v Chan, Prasad v Workers Compensation Commission, Tattersall v Registrar of the Workers Compensation Commission of NSW and Anor, Ballas v Department of Education (NSW), and Coca-Cola Europacific Partners API Pty Ltd v Pombinho considered; Held – having found error, the Appeal Panel determined a further medical examination of the appellant was required, which provided different assessments to the MA; the Appeal Panel adopted those assessments; MAC revoked and new MAC issued.
Decision date: 9 July 2025 | Panel Members: Member Gaius Whiffin, Dr Douglas Andrews, and Dr Graham Blom | Body system: Psychological/Psychiatric
Qantas Airways Ltd v Gili [2025] NSWPICMP 492
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appellant submits that the Medical Assessor (MA) erred in in his assessment of the right knee and his reference to “extension” of the knee rather than “flexion” in his examination; failing of MA to make a deduction pursuant to section 323 in his assessments of the lumbar spine and knee given the separate injury dates; Held – re-examination required; Appeal Panel found error regarding right knee but confirmed assessment of the lumbar spine; MAC revoked.
Decision date: 9 July 2025 | Panel Members: Member Deborah Moore, Dr Roger Pillemer, and Dr Andrew Porteous| Body system: Left Lower Extremity, Right Lower Extremity, and Lumbar Spine
Secretary, Department of Education v CKA [2025] NSWPICMP 493
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal by employer against 22% whole person impairment (WPI) assessment for psychological injury; whether Medical Assessor erred in assessing a class 3 rating for the psychiatric impairment rating scale (PIRS) category of self-care and personal hygiene; whether claimant’s ability to care for her nine-year-old son was indicative of class 2; whether such ability was incompatible with a claimant being unable to live independently without regular support; whether a claimant's domestic situation (living with son’s father in a non-relationship arrangement) indicated a class 3; Ferguson v State of New South Wales, Parker v Select Civil Pty Ltd, Jenkins v Ambulance Service of New South Wales, Lancaster v Foxtel Management, and Wingfoot Australia Pty Ltd v Kocak considered and applied; Held – the facts demonstrated that claimant moved in with ex-partner to be cared for; evidence showed that although claimant cared for her son, her level of self-care and personal hygiene was such to warrant a finding of a moderate impairment; MAC confirmed.
Decision date: 9 July 2025 | Panel Members: Member John Wynyard, Dr John Baker, and Dr John Lam-Po-Tang| Body system: Psychological/Psychiatric
Kari v David Jones Ltd [2025] NSWPICMP 494
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); application under section 378 (as preserved) for reconsideration; appellant re-examined; evidence established the appellant’s condition had deteriorated and that her permanent impairment had worsened; Appeal Panel exercised its discretion to reconsider; Held – MAC revoked.
Decision date: 9 July 2025 | Panel Members: Member Marshal Douglas, Dr Ross Mellick, and Dr Tim Anderson | Body system: Cervical Spine, Left Upper Extremity, Lumbar Spine, Digestive System, and Scarring
Johnson v State of New South Wales (Hunter New England Local Health District) [2025] NSWPICMP 495
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); Medical Assessor (MA) failed to assess scarring; not included in referral but part of medical dispute between the parties based on Application and material attached; Skates v Hills Industries Ltd applied; scarring assessed by Appeal Panel; deduction pursuant to section 323; MA made deduction of one-third; whether deduction available on the medical evidence; Cole v Wenaline Pty Limited, Elcheikh v Diamond Formwork (NSW) Pty Ltd (in Liq), and Ryder v Sundance Bakehouse discussed; deduction confirmed; Held – MAC revoked, scarring added to assessed impairment.
Decision date: 10 July 2025 | Panel Members: Member Parnel McAdam, Dr James Bodel, and Dr Andrew Porteous | Body system: Left Lower Extremity, Right Lower Extremity, and Scarring
Hill v Fraser [2025] NSWPICMP 496
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); whether Medical Assessor (MA) sufficiently explained his ratings of the appellant’s impairment in several of the psychiatric impairment rating scale (PIRS) categories; whether MA erred with his ratings of the appellant’s impairment in several of the PIRS categories; Appeal Panel found that MA adequately explained his ratings and correctly rated appellant’s impairment in all challenged PIRS categories other than concentration, persistence and pace but when that rating was corrected there was no change in the outcome; Held – MAC confirmed.
Decision date: 10 July 2025 | Panel Members: Member Marshal Douglas, Dr Michael Hong, and Prof Nicholas Glozier | Body system: Psychological/Psychiatric
Windhill Transport Pty Ltd v Spencer [2025] NSWPICMP 497
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); psychological injury; appellant employer alleged error in the Medical Assessor’s (MA) failure to make a reduction from the assessment of whole person impairment (WPI) for a secondary psychological injury and asked on appeal that the assessment be reduced by 50%; the Appeal Panel did not find error and considered that the MA’s reasons were adequately explained as to why the assessed impairment resulted from the primary psychological injury; Held – MAC confirmed.
Decision date: 10 July 2025 | Panel Members: Member Jane Peacock, Dr Michael Hong, and Dr Ash Takyar| Body system: Psychological/Psychiatric
Ferraro v Coles Supermarkets Australia Pty Ltd [2025] NSWPICMP 503
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal against Medical Assessor’s (MA) assessment of permanent impairment on the basis that the MA erred in not assessing the pleaded injury; demonstrable error found in this regard; MA failed to consider relevant and significant material; MA failed to obtain a history from the claimant regarding the pleaded injury; MA failed to assess the medical dispute as crystallised in the Application to Resolve a Dispute and the Reply; MA assessed an injury not pleaded by the appellant; New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales, Campbelltown City Council v Vegan, Queanbeyan Racing Club Ltd v Burton, Merza v Registrar of the Workers Compensation Commission and Anor, Skates v Hills Industries Ltd, Klement v Bull ‘N’ Bush Nurseries Pty Limited, Prasad v Workers Compensation Commission, Tattersall v Registrar of the Workers Compensation Commission of NSW and Anor, and Coca-Cola Europacific Partners API Pty Ltd v Pombinho; Held – error found; the Appeal Panel determined a further medical examination of the appellant was required, which provided different assessments to the MA; the Appeal Panel adopted those assessments; MAC revoked; new MAC issued.
Decision date: 11 July 2025 | Panel Members: Member Gaius Whiffin, Dr James Bodel, and Dr Drew Dixon| Body system: Right Upper Extremity and Left Upper Extremity
State of New South Wales (Fire & Rescue NSW) v Lennon [2025] NSWPICMP 504
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); medical appeal; multiple grounds of appeal raised, including that worker had not reached maximum medical improvement; respondent worker conceded that he had not reached maximum medical improvement; Appeal Panel satisfied on the evidence that this was the case; other issues not appropriate to be determined; Held – MAC revoked; worker’s impairment certified as not fully ascertainable.
Decision date: 11 July 2025 | Panel Members: Member Parnel McAdam, Dr James Bodel, and Dr Gregory McGroder| Body system: Lumbar Spine
Qantas Airways Ltd v Griffiths [2025] NSWPICMP 506
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal based upon the application of section 323; Held –no error established; MAC confirmed.
Decision date: 14 July 2025 | Panel Members: Senior Member Elizabeth Beilby, Dr Drew Dixon, and Dr Christopher Oates | Body system: Lumbar Spine
Sommer v State of New South Wales (Ambulance Service of NSW) [2025] NSWPICMP 510
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); psychological injury; assessment under the psychiatric impairment rating scale (PIRS); assessment on the day of the examination; relevance of past statements; Held – MAC confirmed.
Decision date: 15 July 2025 | Panel Members: Member Catherine McDonald, Dr Douglas Andrews, and Dr Michael Hong | Body system: Psychological/Psychiatric
Baptistcare NSW & ACT v Matheson [2025] NSWPICMP 511
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of primary psychological injury; parties agreed that respondent worker had suffered a primary psychological injury as alleged, deemed to have occurred on 13 July 2013, and a secondary psychological condition resulting from physical injury sustained on 5 June 2012; Medical Assessor erred in failing to consider the question of a secondary psychological injury; no error in finding that there was no proportion of the impairment due to a previous injury, pre-existing condition or abnormality; error in assessing 1% whole person impairment (WPI) for effects of treatment as no apparent substantial or total elimination of permanent impairment, as required by clause 1.32 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4thed; respondent worker re-examined; Held – MAC revoked.
Decision date: 15 July 2025 | Panel Members: Member Carolyn Rimmer, Dr Michael Hong, and Dr Graham Blom| Body system: Psychological/Psychiatric
Bhatiya v Bidfood NSW Pty Ltd [2025] NSWPICMP 513
Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); whether Medical Assessor (MA) erred by not diagnosing the appellant with cauda equina syndrome; whether MA erred by not including a rating of impairment by reference to the criteria of Table 15-6 of the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 5th edition (AMA 5); whether MA made his assessment based on the correct criteria; Appeal Panel held MA was correct not to make a diagnosis of cauda equina syndrome and MA was consequently correct not to include a rating of impairment under Table 15-6 of AMA 5; Held – MA made his assessment based on the correct criteria; MAC confirmed.
Decision date: 15 July 2025 | Panel Members: Member Marshal Douglas, Dr Drew Dixon, and Dr Tommasino Mastroianni | Body system: Lumbar Spine
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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