Legal Bulletin No. 222

Issued 1 August 2025

Welcome to the two hundred and twenty second 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 Decisions

Insurance Australia Ltd trading as NRMA Insurance v Cahill [2025] NSWSC 828

Administrative law; judicial review; jurisdictional error; motor vehicle accident; review panel assessed permanent impairment on the basis of an injury which had not been identified by the parties or in the material before the panel; where review panel denied procedural fairness; where review panel did not provide adequate reasons; error of law on the face of the record and jurisdictional error; decision of review panel set aside; Motor Accidents Injuries Act 2017 (NSW), ss 4.11, 7.20, 7.21, 7.26; Held – set aside the second defendant’s determination made on 19 December 2024; remit the determination of the medical dispute to the third defendant for referral to a review panel constituted by members other than those constituting the second defendant pursuant to s 7.26 of the Motor Accident Injuries Act 2017.

Decision date: 25 July 2025 | Before: Adamson JA

Masters v Healthshare NSW [2025] NSWSC 821

Administrative law; review of medical assessment by appeal panel; judicial review of appeal panel decision; where medical assessment certificate revoked by appeal panel; whether appeal panel erred in finding demonstrable error in assessment of impairment for concentration, persistence and pace; whether appeal panel misunderstood statutory task; Held – summons dismissed; plaintiff to pay first defendant’s costs.

Decision date: 28 July 2025 | Before: Griffiths AJ

Tradieh v LM Hayter & Sons Pty Ltd [2025] NSWSC 840

Workers compensation; medical assessment; medical dispute; degree of permanent impairment as a result of an injury; whether appeal panel erred in confirming medical assessment certificate; whether error of law on the face of the record for appeal panel to confirm medical assessment certificate; whether medical assessor failed to explain why his assessment of the plaintiff’s degree of permanent impairment differed substantially from that of an orthopaedic surgeon upon which the plaintiff had relied for the purpose of her claim; where medical assessor did not so err and therefore not error of law on the face of the record for appeal panel to confirm medical assessment certificate.

Decision date: 30 July 2025 | Before: Stern J

Presidential Member Decision

Qantas Airways Ltd v Bishop [2025] NSWPICPD 53

Workers compensation; Section 62 of the Workers Compensation Act 1987; whether section 62(6A) of the 1987 Act confers a discretion to increase an employer’s liability pursuant to section 62(1A) in respect of ‘any particular hospital treatment’; application of Alcan (NT) 2 Alumina Pty Ltd v Commissioner of Territory Revenue; Project Blue Sky Inc v Australian Broadcasting Authority; Pelama Pty Ltd v Blake; Workers Compensation (Private Hospital Maximum Rates) Order 2024 – whether the Order is ultra vires; application of Day v Harness Racing New South Wales; McEldowney v Forde; Williams v The Mayor, Aldermen, Councillors and Citizens of the City of Melbourne; Minister of State for Resources v Dover Fisheries Pty Ltd; Held – the Certificate of Determination dated 16 December 2024 is revoked; in lieu thereof there is an award for the respondent employer.

Decision date: 21 July 2025 | Before: Deputy President Michael Snell

Workers Compensation non-Presidential Member Decisions

Skarlis v Southford Pty Ltd [2025] NSWPIC 337

Workers Compensation Act 1987; Workplace Injury Management and Workers Compensation Act 1998; 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, 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

Do v Lucky Thanh Transport Pty Ltd [2025] NSWPIC 340

Workers Compensation Act 1987; claim for weekly payments, medical expenses and lump sum compensation pursuant to section 66; whether applicant sustained injuries to his spine; left knee and bilateral shoulders; Held – applicant sustained disease injuries to his spine, left knee and left shoulder and a consequential right shoulder condition on deemed date of injury 21 August 2021; weekly payments and medical expenses payable; matter remitted to President for referral to a Medical Assessor to assess the degree of permanent impairment.

Decision date: 16 July 2025 | Member: Fiona Seaton

Nguyen v Programmed Skilled Workforce Ltd [2025] NSWPIC 341

Workers Compensation Act 1987; claim for hearing loss; claim for proposed future treatment expenses pursuant to section 60 being the supply and fitting of hearing aids; consideration of applicant’s statement, medical reports and other treatment records, and claim correspondence; consideration of whether the supply and fitting of hearing aids is reasonably necessary treatment for the applicant in relation to his accepted hearing loss injury; Rose v Health Commission (NSW), Diab v NRMA Limited, Murphy v Allity Management Services Pty Limited, Nguyen v Cosmopolitan Homes, and Drca v KAB Seating Systems Pty Ltd  considered; Held – the supply and fitting of hearing aids is not reasonably necessary treatment for the applicant in relation to his hearing loss injury; award for respondent entered.

Decision date: 16 July 2025 | Member: Gaius Whiffin

Cain v I&C Homes Pty Ltd [2025] NSWPIC 342

Workers Compensation Act 1987; whether applicant suffered an injury as alleged; struck head on metal bar suffering a whiplash injury; was on worksite alone at the time; failed to report injury or attend general practitioner; symptoms deteriorated and eventually required surgery; sections 254 and 261; Held – applicant’s failure to notify injury and failure to make a claim occasioned by ignorance, mistake or other reasonable cause; applicant suffered an injury to the cervical spine as alleged; award of weekly compensation; matter referred for assessment of whole person impairment.

Decision date: 16 July 2025 | Member: Parnel McAdam

Carey v BGIS Pty Ltd [2025] NSWPIC 343

Workers Compensation Act 1987; claim for weekly benefits and medical expenses for accepted psychological injury; section 11A(1) defence; action taken with respect of discipline and/or dismissal; wholly or predominantly caused by reasonable action; culmination of a series of events rather than a single event or action; absence of critical evidence and explanation as to causation; duty to discharge onus of proof; Hamad v Q Catering Limited; Nguyen v Cosmopolitan Homes considered and applied; Held – respondent failed to discharge its onus of establishing a defence under section 11A(1); award for the applicant for weekly benefits and medical expenses.

Decision date: 17 July 2025 | Member: Kathryn Camp

Vo v UPS Pty Ltd [2025] NSWPIC 344

Workers Compensation Act 1987; claim for injury to the cervical and lumbar spine, bilateral shoulders, elbows and wrists and resultant incapacity; respondent denied injury and incapacity; respondent denies that the work of the applicant in his role as a storeman was heavy or could have resulted in injury; respondent relied on a statement made by an unverified and unsigned source; respondent’s medical assessment undertaken without an interpreter; applicant’s English skills poor; respondent’s assessor also failed to engage with the evidence of employment as a warehouse storeman for a period of 20 years; Held – applicant sustained injury in the course of his employment to the lumbar and cervical spines, bilateral shoulders, wrist and elbow; applicant partially incapacitated for work; respondent liable to pay weekly compensation pursuant to sections 36 and 37.

Decision date: 17 July 2025 | Member: Diana Benk

Deitz v Macarthur Fresh Wholesalers Pty Ltd [2025] NSWPIC 345

Workers Compensation Act 1987; likely to continue; current weekly earnings; incapacity; legislation referred to section 38(3)(c); clause 8 of schedule 3; cases applied Roberts v University of Sydney; Holmes v Central Coast Council; Houghton v Jack & Jill Pre-School Association (Lithgow) Incorporated; Kooragang Cement Pty Ltd v Bates;Held – the applicant is entitled to weekly compensation pursuant to section 38 ;the respondent to pay the applicant.

Decision date: 17 July 2025 | Member: John Turner

Brown v Toll Transport Pty Ltd [2025] NSWPIC 346

Workers Compensation Act 1987; section 4(b)(ii); primary psychological injury being an aggravation of secondary psychological condition resulting from earlier physical injury; whether primary psychological injury ongoing; incapacity; whether applicant has current work capacity with respect to accepted injury to right eye and secondary psychological condition; Held – the applicant sustained a primary psychological injury however the effects of that injury had ceased; as the effects of the injury had ceased prior to the commencement of the claim for weekly compensation no award is made with respect to this injury; the applicant has no current work capacity with respect to the accepted injury to their right eye and consequential psychological condition; the respondent to pay the applicant weekly compensation.

Decision date: 17 July 2025 | Member: Mithcell Strachan

Jafari v QBE Workers Compensation (NSW) Ltd & Ors [2025] NSWPIC 347

Workers Compensation Act 1987; physical injury at building site; claim for weekly compensation; issues of identity of contracting party and characterisation of employment relationship; analysis of evidence; adverse credit findings; actions by fourth and fifth respondents held to be with authority of the second respondent identification of contracting party; Resilient Investment Group Pty Ltd v Barnet and Hodgkinson applied; discussion of express authority of fifth respondent acting on behalf of second respondent; second respondent was undisclosed principle; characterisation of relationship; conflicting indicia weighed; applicant was paid an hourly rate as opposed to the rate for the completion of a task, solely provided his labour, had set hours, was under the direction of the fifth respondent (on behalf of the second) both as to where and when to work and what was required, did not provide tools and materials; degree of exclusivity of engagement reflecting the expectation that applicant was placed at a site each day; Held – applicant entitled to weekly compensation against second respondent based on no current work capacity.

Decision date: 22 July 2025 | Member: Principal Member John Harris

Motor Accidents Medical Review Panel Decisions

Sidra v QBE Insurance (Australia) Ltd [2025] NSWPICMP 519

Motor Accident Injuries Act 2017; insurer’s review of Medical Assessment Certificate (MAC) under section 7.26; whole person impairment (WPI) dispute; Medical Assessor found post-traumatic stress disorder (PTSD) and persistent depressive disorder resulting in WPI of 11%; claimant had pre-existing anxiety disorder and a subsequent accident; Held – accident could have and did cause psychiatric injury; injury diagnosed as a Somatic Symptom Disorder; no assessable impairment; MAC revoked; consideration of Motor Accident Guidelines clauses 6.19, 6.21; 6.35, 6.36, 6.38, 6.203, 6.213 and 6.215.

Decision date: 17 July 2025 | Panel Members: Member Belinda Cassidy, Dr Melissa Barrett, and Dr Himanshu Singh | Injury module: Mental and Behavioural

BUJ v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPICMP 520

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); threshold psychological injury; Medical Assessor certified adjustment disorder with mixed anxiety and depressed mood caused by accident was a threshold injury; Held – persistent depressive disorder caused by the accident was not a threshold injury; MAC revoked and new MAC issued.

Decision date: 17 July 2025 | Panel Members: Senior Member Brett Williams, Dr Paul Friend, and Dr Surabhi Verma | Injury module: Mental and Behavioural

Woodham v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPICMP 521

Motor Accidents Injuries Act 2017; review of Medical Assessment Certificate (MAC); persistent depressive disorder with alcohol disorder; post-traumatic stress disorder (PTSD); no prior history of mental illness; proximity to catastrophic motor vehicle accident; attempt to return to work as truck driver; differing diagnosis including PTSD, persistent depressive disorder, alcohol use disorder; no intervening psychiatric traumas; criteria for diagnosis of PTSD; persistent depressive disorder; non-threshold injury; Held – MAC revoked.

Decision date: 17 July 2025 | Panel Members: Member Hugh Macken, Dr Ankur Gupta, and Dr Surabhi Verma | Injury module: Mental and Behavioural

Sanhard v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPICMP 522

Motor Accidents Injuries Act 2017; review of Medical Assessment Certificate (MAC); near head on collision on highway; claimant was front passenger; post-traumatic stress disorder (PTSD) as a result of the motor accident; significant improvement with the effect of treatment (medication); impairment assessed at 6% whole person impairment; Held – Review Panel made the same findings on diagnosis and impairment as the original Medical Assessor; MAC confirmed.

Decision date: 17 July 2025 | Panel Members: Member Jeremy Lum, Dr Christopher Canaris, and Dr Himanshu Singh | Injury module: Mental and Behavioural

Gibbin v AAI Ltd t/as GIO [2025] NSWPICMP 523

Motor Accidents Injuries Act 2017; review of Medical Assessment Certificate (MAC); finding the accident caused threshold injuries; assessment by the Review Panel of whether the claimant suffered a threshold injury as cervical spine injury, left shoulder injury and thoracic spine; radicular symptoms after accident but no verifiable radiculopathy; left shoulder injuries present after accident but presented as aggravation of degenerative conditions; claimant’s left shoulder treated with appropriate manipulation under anaesthetic (MUA); scans after MUA showed full thickness rotator cuff tears; submissions sought from parties on this point before re-examination; no objective verifiable radiculopathy in line with Motor Accident Guidelines; credible claimant; Review Panel considered whether MUA caused consequential complete or partial rupture of tendons, ligaments, menisci or cartilage; no history of cervical or shoulder conditions before accident; collision capable of causing injuries; consistent symptoms; Review Panel considered CLA, Briggs No 2 on causation and Mahony v J Kruschich (Demolitions) Pty Ltd on consequential injury; Held – Referred left shoulder injury is not a threshold injury; Review Panel was satisfied that the post-accident treatment caused a consequential injury; MAC revoked.

Decision date: 17 July 2025 | Panel Members: Member Terence O'Riain, Dr Ian Cameron, and Dr Les Barnsley | Injury module: Upper Limb and Spine

Mrkela v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPICMP 524

Motor Accident Injuries Act 2017; insurer’s review of Medical Assessment Certificate (MAC) under section 7.26; Whole Person Impairment (WPI) dispute; Medical Assessor certified post-traumatic stress disorder (PTSD) and major depressive disorder and WPI of 26%; issue of causation; claimant had motor accident five years before current accident and had been certified with significant symptoms and WPI greater than 10%; re-examination conducted by both assessors; Held – claimant diagnosed with PTSD and major depressive disorder and WPI 8%; MAC revoked; no issue of principle.

Decision date: 18 July 2025 | Panel Members: Member Belinda Cassidy, Dr Christopher Canaris, and Dr Ankur Gupta | Injury module: Mental and Behavioural

Coban v Insurance Australia Ltd t/as NRMA Insurance [2025] NSWPICMP 525

Motor Accident Injuries Act 2017; insurer’s review of Medical Assessment Certificate (MAC) under section 7.26; whole person impairment (WPI) dispute; original assessor diagnosed post-traumatic stress disorder (PTSD) and persistent depressive disorder with a 12% WPI; issues of causation (pre-existing condition) and degree of impairment; re-examination by two assessors; Held – claimant’s diagnosis was major depressive disorder; WPI assessed at 7%; MAC revoked; no issue of principle.

Decision date: 18 July 2025 | Panel Members: Member Belinda Cassidy, Dr Christopher Canaris, and Dr Ankur Gupta | Injury module: Mental and Behavioural

Khaled v AAI Ltd t/as AAMI [2025] NSWPICMP 526

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); threshold injury considerations; claimant injured on 20 August 2022 but had previously suffered a work injury in 2016 for which he had a generalised anxiety disorder, adjustment disorder and severe depression; the Medical Assessor (MA) concluded that the claimant did not satisfy diagnostic criteria for a psychiatric disorder and that his level of functioning was similar to his pre-accident level of functioning; claimant had ongoing disabilities relating to right arm following 2016 work injury; Review Panel satisfied that the claimant had a pre-existing Somatic Symptom Disorder all that additional pain and physical restrictions arising from the accident exacerbated this condition; Review Panel adopts the reasoning in Lynch v AAI Ltd that the psychological condition can be present at any time to establish that the injury is not threshold; an accident can cause a non-threshold psychiatric condition if the evidence establishes that the accident caused or materially contributed to the psychiatric condition even if only by way of aggravating a pre-existing condition see Todev v AAI Limited t/as GIO and AAI Limited t/as GIO v Hoblos; Held – Review Panel was satisfied that the accident has caused such an aggravation; MAC revoked.

Decision date: 18 July 2025 | Panel Members: Member Alexander Bolton, Dr Melissa Barrett, and Dr Surabhi Verma | Injury module: Mental and Behavioural

Tawk v QBE Insurance (Australia) Ltd [2025] NSWPICMP 530

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); initial assessment by Medical Assessor assessed the claimant as having 9% whole person impairment (WPI) which, together with a certificate from another Medical Assessor (MA) gave a combined assessment of 11% WPI; review sought by the insurer; claimant alleged injuries to his cervical spine, right hip, thoracic spine, lumbar spine and right ankle; claimant made no complaint about his right ankle until after he suffered a fall at his home down some steps and thereafter sought medical treatment resulting in immediate surgery; Held – Review Panel not satisfied that the right ankle injury arose as a result of the accident; Review Panel assessed the claimant as having 0% WPI; Review Panel revoked the initial MAC and the combined MAC and issued a new combined MAC for a total WPI of 2%.

Decision date: 22 July 2025 | Panel Members: Member Alexander Bolton, Dr Shane Moloney, and Dr Thomas Rosenthal | Injury module: Lower Limb and Spine

Thanyakulthip v Youi Pty Ltd [2025] NSWPICMP 531

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); claimant suffered injury in a motor vehicle accident; Medical Assessor (MA) determined the claimant’s whole person impairment (WPI) as a result of the accident was 11%; insurer made an application under section 7.26 for referral of assessment to the Panel; the Review Panel conducted its own examination and found that WPI as a result of injuries sustained in the accident totalled 8%; Held – MAC revoked and the Review Panel issued a new MAC assessing 8% WPI as a result of the accident.

Decision date: 22 July 2025 | Panel Members: Member Terence Stern OAM, Dr Christopher Oates, and Dr David Gorman | Injury module: Spine and Upper Limb

Workers Compensation Medical Appeal Panel Decisions

Whitbread v Allambi Care Ltd [2025] NSWPICMP 515

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal from assessment of whole person impairment (WPI) for psychological injury; worker challenges assessment of the psychiatric impairment rating scale (PIRS) for social functioning; consideration of Ferguson v State of New South Wales; Held – no demonstrable error or application of incorrect criteria found in assessment of social functioning; MAC confirmed.

Decision date: 16 June 2025 | Panel Members: Member John Isaksen, Dr Douglas Andrews, and Dr John Lam-Po-Tang | Body system: Psychological/Psychiatric

Parmenter v Ians Transport Pty Ltd t/as Grundys Waste [2025] NSWPICMP 514

Workplace Injury Management and Workers Compensation Act 1998 (WIM Act); Workers Compensation Act 1987 (WC Act); review of Medical Assessment Certificate (MAC); worker suffered skin cancer from sun exposure with impairment of the face and body assessed at 11%; accepted deemed date of injury of 18 September 2020 due to sun exposure by last employer; Medical Assessor (MA) assessed a one-tenth deduction resulting in 10% WPI; MAC contained demonstrable error by including previous relevant employment as basis for section 323 deduction contrary to section 68B of the WC Act; medical evidence and opinion of Appeal Panel that worker’s employment for last forty years was previous relevant employment as defined in section 68B; Vannini v Worldwide Demolitions Pty Ltd applied; re-assessment on papers; no basis to make a deduction; onus of proof of deduction on employer; Matthew Hall Pty Ltd v Smart and Asbestos Remover & Demolition Contractors Pty Ltd v Kruse applied; skin cancers and impairment caused by sun exposure over working life; period of self-employment did not establish sun exposure contributory to impairment; Held – assessment revoked; appellant assessed at 11% WPI.

Decision date: 15 July 2025 | Panel Members: Principal Member John Harris, Dr Geoffrey Curtin, and Dr Drew Dixon | Body system: Face and Skin

Sirol v State of New South Wales (NSW Police Force) [2025] NSWPICMP 516

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); whether Medical Assessor’s (MA) ratings of the appellant’s impairment in social and recreational activities and in concentration, persistence and pace involved error; Appeal Panel held that MA’s rating of appellant’s impairment in social and recreational activities did not involve error but his rating of the appellant’s impairment in concentration, persistence and pace did; Held – MAC revoked.

Decision date: 16 July 2025 | Panel Members: Member Marshal Douglas, Prof Nicholas Glozier, Dr Michael Hong | Body system: Psychological/Psychiatric

Allen v State of NSW (Western NSW Local Health District) [2025] NSWPICMP 517

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of left upper extremity including left shoulder, axillary nerve lesion and ulnar neuritis; obvious wasting of deltoid; Medical Assessor found no motor deficit of the nerve but a sensory deficit without providing adequate reasons as to the prominent wasting of the deltoid; worker re-examined; Held – MAC revoked.

Decision date: 17 July 2025 | Panel Members: Member Carolyn Rimmer, Dr Margaret Gibson, Dr Roget Pillemer | Body system: Left Upper Extremity

Gill v Multiquip Poultry Pty Ltd [2025] NSWPICMP 518

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal against Medical Assessor’s (MA) assessment of hearing loss without taking into account hearing losses at frequencies below 3000 Hz in the assessment of the appellant’s occupationally acquired hearing loss; demonstrable error alleged; Wingfoot Australia Partners Pty Limited v Kocak, Merza v Registrar of the Workers Compensation Commission and Anor, Manusu v Speed Flow Products Pty Ltd, Vitaz v Westform(NSW) Pty Ltd, and Bojko v ICM Property Service Pty Ltd & Ors considered and applied; McNaughton v Engineering & Business Services (NSW) Pty Ltd distinguished; no error found on the basis that the MA adequately explained his actual path of reasoning in coming to his conclusion regarding not including the appellant’s hearing losses at frequencies below 3,000 Hz in his assessment; Appeal Panel agrees with his assessment; Held – MAC confirmed.

Decision date: 17 July 2025 | Panel Members: Member Gaius Whiffin, Dr Brian Williams, and Dr Thandavan Raj | Body system: Hearing Loss

Cheong v W Retail Pty Ltd ATF W Retail Unit Trust [2025] NSWPICMP 527

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal by worker on basis that Medical Assessor (MA) incorrectly added all of the psychiatric impairment rating scale (PIRS) ratings when assessing whole person impairment (WPI); respondent employer conceded that the MA had erred and the assessment should be 17% WPI; appeal by respondent employer on basis of error in assessing class 3 for travel and class 3 for concentration persistence and pace and failing to apply a deduction for the secondary psychological injury; Appeal Panel satisfied that there was an error in the assessment of travel, no error in assessment of concentration, persistence and pace and a failure to provide adequate reasons to explain how the secondary psychological injury impacted or did not impact on the assessment of impairment; worker re-examined; Held – MAC revoked.

Decision date: 18 July 2025 | Panel Members: Member Carolyn Rimmer, Prof Nicholas Glozier, and Dr Michael Hong | Body system: Psychological/Psychiatric

Russell v Redwood Construction Services 1 (Aust) Pty Ltd [2025] NSWPICMP 528

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); parties agreed Medical Assessor (MA) to assess and apportion whole person impairment (WPI) sustained by the applicant resulting from a primary psychological injury and secondary psychological injury; Appeal Panel satisfied that the MA deducted a physical condition that is pain including the impact of pain on sleep from a psychiatric assessment of the primary injury and did not find that there was a secondary psychiatric condition that had been caused by the pain condition; MA failed to make any diagnosis in relation to the secondary psychiatric condition and the failure to identify the secondary psychiatric condition and make a diagnosis was a demonstrable error; worker re-examined; Held – MAC revoked.

Decision date: 18 July 2025 | Panel Members: Member Carolyn Rimmer, Dr Douglas Andrews, and Prof Nicholas Glozier | Body system: Psychological/Psychiatric

Advanced Recruitment Pty Ltd v Issawi [2025] NSWPICMP 529

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); respondent suffered an injury to his lumbar spine, cervical spine and ribs and claimed compensation for permanent impairment relying on a report from an IME who assessed he had permanent impairment of the cervical spine and lumbar spine; referral listed the body parts referred for assessment as lumbar spine and cervical spine; Medical Assessor (MA) assessed the respondent had a permanent impairment of those body parts and also assessed the respondent had a permanent impairment of the left upper extremity because he found the respondent had hypoesthesia in the distribution of the supraclavicular nerve which arises from the C3 and C4 nerve roots; whether the MA erred and made his assessment based on incorrect criteria by including in his assessment a rating of impairment of the respondent’s left upper extremity; Appeal Panel held MA did so, because neither injury to nor impairment of the supraclavicular nerve was part of the medical dispute referred for assessment; Held – MAC revoked .

Decision date: 18 July 2025 | Panel Members: Member Marshal Douglas, Dr Drew Dixon, and Dr Gregory McGroder | Body system: Cervical Spine and Lumbar Spine

Verma v SM Couriers Pty Ltd [2025] NSWPICMP 532

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment by Lead Assessor of the respiratory system (sleep disorder) and assessment by Non Lead Assessor of orthopaedic injuries; first appeal against assessment of the sleep disorder and the one half deduction made pursuant to section 323; Appeal Panel found that the Lead Assessor erred in not providing reasons as to how the preexisting condition contributed to the current impairment; second appeal against assessment of activities of daily living (ADL) by Non Lead Assessor; Appeal Panel satisfied that the assessment of 1% for ADL was inconsistent with the history obtained by the Non Lead Assessor and other evidence; assessment of ADL made on basis of incorrect criteria; Held – MAC revoked.

Decision date: 22 July 2025 | Panel Members: Member Carolyn Rimmer, Dr Drew Dixon, and Dr Peter Honeyman | Body system: Respiratory and Lumbar Spine

Tindall v State of New South Wales (NSW Police Force) [2025] NSWPICMP 533

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of primary psychiatric injury; appellant submitted that the Medical Assessor (MA) failed to address evidence, carry out appropriate tests, made a demonstrable error and applied incorrect criteria in assessment of the psychiatric impairment rating scale (PIRS) scales of self-care and personal hygiene, travel and concentration, persistence and pace; Appeal Panel found no error in consideration of the evidence and no failure to carry out appropriate testing; Appeal Panel found error in assessment of PIRS scales of self-care and personal hygiene and travel but no error in assessment of concentration, persistence and pace; Held – MAC revoked.

Decision date: 22 July 2025 | Panel Members: Member Carolyn Rimmer, Prof Nicholas Glozier, and Dr Michael Hong | Body system: Psychological/Psychiatric

Canterbury Bankstown City Council v Turner [2025] NSWPICMP 534

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); fracture of left calcaneus and consequential condition in right hip; TEMSKI scarring; calculation of impairment in the ankle and subtalar joint; meaning of inconsistency under the Workers Compensation Guidelines for the Evaluation of Permanent Impairment; failure to measure range of motion of contralateral hip; re-examination; Held – MAC revoked.

Decision date: 22 July 2025 | Panel Members: Member Catherine McDonald, Dr David Gorman, and Dr Roger Pillemer | Body system: Left Lower Extremity, Scarring, and Right Lower Extremity

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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