Legal Bulletin No. 223

Issued 8 August 2025

Welcome to the two hundred and twenty third 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.

Court of Appeal Decision

E B Murray Family Investments Pty Ltd t/as Bede Murray Racing Stables v Howard [2025] NSWCA 169

Workers compensation; appeal to Deputy President; where Deputy President dismissed appeal on basis that findings were “open”; where Court recently departed from established authority in State of New South Wales v Culhana [2025] NSWCA 157; where appeal under section 352 governed by principles in Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9 and Fox v Percy (2003) 214 CLR 118; [2003] HCA 22; Workplace Injury Management and Workers Compensation Act 1998 (NSW), sections 352, 353; Held – allow the appeal; set aside the decision of Deputy President Snell given on 31 October 2024 confirming the Certificate of Determination dated 15 August 2023; remit the matter to the Personal Injury Commission for determination in accordance with law by a presidential member other than Deputy President Snell.

Decision date: 30 July 2025 | Before: Adamson JA, McHugh JA, and Griffiths AJA

Supreme Court Decision

Neader v The Trustee for Vestito Unit Trust t/as TS 14 Plus Australia Pty Ltd [2025] NSWSC 866

Administrative law; judicial review of decision of Appeal Panel of the Personal Injury Commission; section 323 Workplace Injury Management and Workers Compensation Act 1998 (NSW); where applicant had pre-existing health condition; whether the Appeal Panel correctly applied section 323; whether Appeal Panel gave adequate reasons; decision of Appeal Panel set aside; Held – the Panel’s certificate and reasons be set aside; the matter be referred to the President of the Personal Injury Commission to be dealt with according to law; unless the parties approach within 14 days with short written submissions, the defendant is to bear Ms Neader’s costs as agreed or assessed.

Decision date: 5 August 2025 | Before: Schmidt AJ

Presidential Member Decisions

Goss v Secretary, Department of Transport [2025] NSWPICPD 54

Workers compensation; a party is bound by the conduct of their case at first instance; Metwally v University of Wollongong [1985] HCA 28; Coulton v Holcombe [1986] HCA 33 applied; on appeal, a Presidential Member should not examine the decision-maker’s reasons minutely with an eye attuned to error; Allianz Australia Insurance Limited v Cervantes [2011] NSWSC 1296 applied; it is not an error if the opposite inference sought to be drawn is merely a possible explanation for the known facts; Fuller-Lyons v New South Wales [2015] HCA 31 applied; where the evidence of a witness is unreliable, objective evidence of the fact is required; Devries v Australian National Railways Commission [1993] HCA 78; Brines v Westgate Logistics Pty Ltd [2008] NSWWCCPD 43 applied; Held – the Member’s Certificate of Determination dated 6 December 2024 is confirmed.

Decision date: 28 July 2025 | Before: Deputy President Elizabeth Wood

Ferguson v Connemara Jack Pty Limited [2025] NSWPICPD 55

Workers compensation; the Member’s treatment of expert and treating medical evidence; held that the Member made a factual error to support a conclusion; nature of appeal under section 352(5) of the 1998 Act; State of New South Wales v Culhana [2025] NSWCA 157 considered and applied; rule 67 of the Personal Injury Commission Rules 2021; denial of procedural fairness not established; Held – the appellant is granted leave to appeal the decision pursuant to section 352(3A) of the 1998 Act; I confirm Orders 1, 2 and 3 of the Certificate of Determination dated 22 October 2024; I revoke Orders 4 and 5 of the Certificate of Determination dated 22 October 2024; the matter is remitted to be heard and determined by another member in accordance with this Decision; I grant leave for the appellant to provide a submission specifying what is sought on the discrete issue of scarring in the referral; I direct that this leave be actioned within seven days of the date of this decision; leave for the appellant to rely upon an additional ground of appeal is declined.

Decision date: 28 July 2025 | Before: President Judge Phillips

Motor Accidents non-Presidential Member Decisions

Korzenioswskiv v Allianz Australia Insurance Limited [2025] NSWPIC 348

Motor Accident Injuries Act 2017; assessment of damages; liability wholly admitted; 25% alleged contributory negligence; 82-year-old in receipt of the aged pension; whole person impairment (WPI) assessed by the Commission not greater than 10%; claimant self-represented at the assessment conference; claimant expressed his disagreement with the Medical Assessor’s certificate assessing WPI of 5%; insurer submitted claim should be dismissed; a member’s role is to assess damages; Held – no damages for non-economic loss unless permanent impairment greater than impairment threshold; section 4.11; damages assessed in the sum of $0 pursuant to section 7.34.

Decision date: 23 July 2025 | Member: Elyse White

AAI Limited t/as AAMI v Meredith [2025] NSWPIC 360

Motor Accident Injuries Act 2017; settlement approval; motor vehicle accident; chest trauma; sternal fracture; clavicle and proximal humeral fracture; fracture right distal radius and ulna; fracture of right proximal femur; soft tissue injury left shoulder; non-economic loss; section 6.23; liability admitted; Held – settlement approved in the sum of $375,000; settlement within the range of likely potential damages assessment.

Decision date: 29 July 2025 | Member: Susan McTegg

Workers Compensation non-Presidential Member Decisions

Clima v Bunnings Group Ltd [2025] NSWPIC 349

Workers Compensation Act 1987 (1987 Act); Personal Injury Commission Act 2020 (PIC Act); claim for weekly compensation and medical and treatment expenses; de-identification; reasonable action; sections 11A(1), 36, 37 and 60 of the 1987 Act; section 58 of the PIC Act; rules 131 and 132 of the Personal Injury Commission Rules 2021; Irwin v Director-General of Education, Ivanisevic v Laudet Pty Ltd, Jackson v Work Directions Australia Pty Ltd, Northern NSW Local Health Network v Heggie, Department of Education and Training v Sinclair, and Pirie v Franklins Ltd cited and applied; Held – respondent’s application for de-identification is refused; in respect to section 11A(1) of the 1987 Act the actions taken by or on behalf of the respondent with respect to discipline were not reasonable; the applicant has suffered and continues to suffer from an incapacity as a result of the accepted psychological injury; respondent is to pay the applicant’s reasonably necessary treatment and medical expenses pursuant to section 60 of the 1987 Act.

Decision date: 23 July 2025 | Member: John Turner

McKeon Earthmoving Pty Ltd ATF R W & G L McKeon Family Trust v McKeon & Anor [2025] NSWPIC 350

Workers Compensation Act 1987; Workplace Injury Management and Workers Compensation Act 1998; death claim; determination of dependency, apportionment, and payment of death benefit and interest; TNT Group 4 Pty Limited v Halioris, Kaur v Thales Underwater Systems Pty Ltd, and Wratten v Kirkpatrick & Ors discussed and applied; Held – death benefit and agreed interest apportioned and orders for payment.

Decision date: 23 July 2025 | Principal Member: Glenn Capel

Stojanovski v Toll Transport Pty Ltd [2025] NSWPIC 351

Workers Compensation Act 1987; psychological injury; contract for the provision of logistics ending; potential redundancy or transfer of staff; whether injury included allegations of bullying and harassment or limited to circumstances of transfer; section 11A defence raised pursuant to transfer; whether actions of employer were within the concept of “transfer” in section 11A; Held – bullying and harassment not part of injury; injury wholly caused by reasonable actions of employer in respect to transfer; award for the respondent.

Decision date: 23 July 2025 | Member: Parnel McAdam

Barton v Midcoast Amusements (NSW) Pty Ltd [2025] NSWPIC 352

Permanent impairment compensation; whether applicant suffered consequential condition to his left ankle as a result of a significant tear to his left calf; Held – presence of a consequential condition is a question of causation and must be determined after a common-sense evaluation of the causal chain; Kooragang Cement Pty Ltd v Bates followed; an injury can set in train a series of given events and if the chain is unbroken it will be open to the Commission to award compensation; Kumar v Royal Comfort Bedding Pty Ltd referred to; applicant’s general practitioner supports a finding of long term symptomology post-injury and the development of ankle issues; the presence of the consequential condition is established and will be the subject of referral to a Medical Assessor.

Decision date: 25 July 2025 | Member: Cameron Burge

Kilzi v Transdev John Holland Buses (NSW) Pty Ltd [2025] NSWPIC 355

Workers Compensation Act 1987; claim for weekly compensation for psychological injury; section 11A defence (discipline) considered; expert medical opinion as to causal test considered; Held – award for applicant for weekly compensation.

Decision date: 28 July 2025 | Member: Michael Wright

Wells v Secretary, Department of Education [2025] NSWPIC 356

Workers Compensation Act 1987; remitter following Presidential decision in Secretary, Department of Education v Wells; consideration of date of injury and thus calculation of pre-injury average weekly earnings (PIAWE); consideration of all medical and lay evidence required; Haddad v The GEO Group Australia Pty Ltd applied; whether applicant had an economic incapacity; Stone v Stannard Brothers Launch Services Pty Ltd applied; Held – date of injury calculated based on first date of incapacity; PIAWE calculated from that date; award of weekly payments made.

Decision date: 28 July 2025 | Member: Parnel McAdam

Jun v Kozy Ozzy Pty Ltd [2025] NSWPIC 357

Workers Compensation Act 1987; claim for weekly payments and medical expenses; whether applicant sustained a consequential left wrist injury resulting from an accepted right wrist injury; Held – applicant sustained a consequential left wrist injury as a result of the accepted right wrist injury; applicant has no current work capacity; there is an entitlement to the payment of weekly benefits and reasonably necessary medical expenses.

Decision date: 28 July 2025 | Member: Fiona Seaton

Kan v Serco Australia Pty Ltd [2025] NSWPIC 358

Personal Injury Commission Act 2020; section 57; application to revoke prior certificate of determination; Samuel v Sebel Furniture Limited considered and applied; Held – prior certificate of determination revoked.

Decision date: 29 July 2025 | Member: Mitchell Strachan

Anderson v Grocery Delivery E-Services Australia Pty Ltd [2025] NSWPIC 359

Lump sum claim for injury to the left shoulder, CRPS , and cervical spine arising from collision with dollies in warehouse; shoulder injury accepted; CRPS agreed to be referred to Medical Assessor with shoulder injury; cervical injury denied; whether inference available from complaints and subsequent negative investigations (MRI and nerve conduction) that soft tissue injury occurred; whether pathological change established; Held – content of clinical notes demonstrated no complaints of injury to the neck rather of muscular pain and emotional lability; GP confirmed that claimant exaggerating, Mason v Demasi, and Qannadian v Bartter Enterprises Pty Limited considered; statements of the claimant inconsistent as to mechanism of injury; reports by claimant’s expert inconsistent and contradictory; respondent expert preferred; no evidence of pathological change; Castro v State Transit Authority, Seltsam Pty Ltd v McGuiness, EMI Ltd v Bes, and Fernandez v Tubemakers of Australia considered; award for respondent for cervical spine claim.

Decision date: 29 July 2025 | Member: John Wynyard

Motor Accidents Medical Review Panel Decisions

Allianz Australia Insurance Limited v Mataraci [2025] NSWPICMP 536

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); treatment and care dispute; pre-existing lower back pain and diagnosis of multiple sclerosis; whether post-accident symptoms resulted from injuries caused by accident; whether treatment and care reasonable and necessary given nature of injuries caused by accident; Held – the accident was the cause of, or made a material contribution to, the need for the surgery; extensive conservative treatment regime failed to relieve symptoms; the treatment and care is reasonable and necessary in the circumstances and relates to injury caused by the accident; MAC confirmed.

Decision date: 23 July 2025 | Panel Members: Member Bianca Montgomery-Hribar, Dr David Gorman, and Dr Rhys Gray | Treatment Type: Surgery

Allianz Australia Insurance Limited v Ibrahim [2025] NSWPICMP 539

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); wedge compression fracture of thoracic spine not caused by the motor accident; fracture incidental finding from chest radiology; nil thoracic spine complaints following motor accident; Held – motor accident did not acutely cause or aggravate a thoracic spine compression fracture; fracture likely to be constitutional condition of osteoporosis; diagnosed by DEXA bone density scan; MAC revoked; new certificate issued.

Decision date: 24 July 2025 | Panel Members: Member Jeremy Lum, Dr Margaret Gibson, and Dr Christopher Oates | Injury module: Spine, and Upper Limb

Issa v AAI Limited t/as AAMI [2025] NSWPICMP 541

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); threshold injury; claimant applied for review of MAC; Medical Assessor certified claimant suffered an adjustment disorder which is a threshold injury under the Act; Held – Review Panel was satisfied that the accident caused an adjustment disorder which is a threshold injury as defined by section 1.6; MAC confirmed.

Decision date: 25 July 2025 | Panel Members: Member Terence O'Riain, Dr Wayne Mason, and Dr Steven Yeates | Injury module: Mental and Behavioural

Mousa v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 542

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); claimant was injured in a motor vehicle accident; medical dispute arose as to whether the physical injuries sustained were threshold injuries; the claimant sought a review of the Medical Assessment under section 7.26; Review Panel conducted an examination of the claimant; Held – MAC revoked; Review Panel determined that the injuries to the claimant’s cervical spine, lumbar spine, left hip, and left shoulder were soft-tissue injuries and threshold injuries for the purposes of the Act; Review Panel determined the injury to the right shoulder was a non-threshold injury for the purposes of the Act.

Decision date: 25 July 2025 | Panel Members: Member Terence Stern OAM, Dr Christopher Oates, and Dr Margaret Gibson | Injury module: Spine, Upper Limb, and Lower Limb

AAI Limited t/as AAMI v Kumari [2025] NSWPICMP 548

Motor Accidents Compensation Act 1999; review of Medical Assessment Certificate (MAC); motor accident; assessment of whole person impairment (WPI) for psychiatric impairment; claimant rear seat passenger; claimant presented with significant ongoing pain which had been excluded from any assessment (clause 1.215 of the Motor Accident Permanent Impairment Guidelines); no other relevant principles in assessment of impairment; Held – claimant’s degree of permanent impairment assessed at not greater than 10%; MAC revoked.

Decision date: 28 July 2025 | Panel Members: Principal Member John Harris, Dr Ronald Gill, and Dr Christopher Rikard-Bell | Injury module:  Mental and Behavioural

Insurance Australia Limited t/as NRMA Insurance v Odisho [2025] NSWPICMP 550

Review of Medical Assessment Certificate (MAC) finding a major depressive disorder of moderate degree with anxious distress and whole person impairment (WPI) assessment of 13%; claimant involved in rear end collision; claimant did have a pre-existing psychiatric condition but was not undergoing treatment for this condition for some time before the accident; Held – Review Panel satisfied that the claimant had a major depressive order as a result of the accident and assessed 8% WPI; MAC revoked.

Decision date: 29 July 2025 | Panel Members: Member Alexander Bolton, Dr John Baker, and Dr Steven Yeates | Injury module: Mental and Behavioural

Abed v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 555

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); assessment of threshold injury; claimant was injured in a motor accident when her vehicle was struck in the rear at the entrance to a roundabout; Medical Assessor (MA) certified that the claimant is suffering from an adjustment disorder with mixed anxiety and depressed mood as a result of the accident which is a threshold injury; claimant’s review application granted as the MA’s reasons do not indicate if he considered whether the documented and reported symptoms met criteria for major depressive disorder; Held – Review Panel found the claimant does not meet the full diagnostic criteria under DSM-5 for post-traumatic stress disorder (PTSD); Review Panel made three other diagnoses caused by accident that are non-threshold injuries for the purposes of the Act; MAC revoked.

Decision date: 30 July 2025 | Panel Members: Member Gary Victor Patterson, Dr Wayne Mason, and Dr Gerald Chew | Injury module: Mental and Behavioural

QBE Insurance (Australia) Limited v Wright-Ingle [2025] NSWPICMP 556

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate’s (MAC); degree of permanent impairment dispute; treatment and care dispute; causation; reasonable and necessary; claimant was riding his motorbike wearing a helmet; claimant was stationary facing a red traffic control light at an intersection when a truck driver travelling behind him was distracted by a truck fire on the opposite side of the road; claimant does not remember the impact; claimant is unsure if he lost consciousness; claimant was taken by ambulance to hospital where he was complaining of right anterior chest wall pain and right-sided lower back and pelvic pain; X-ray of pelvis showed no evidence of fracture; Held – MAC as to permanent impairment is revoked; MAC as to treatment and care causation is confirmed; MAC as to necessary and reasonable treatment and care is revoked.

Decision date: 30 July 2025 | Panel Members: Member Gary Victor Patterson, Dr David Gorman, and Dr Tai-Tak Wan | Injury module: Spine, and Upper Limb

Allianz Australia Insurance Limited v Moore [2025] NSWPICMP 557

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); motor accident; assessment of whole person impairment (WPI) for psychiatric impairment; claimant front seat passenger; no relevant principles in assessment of psychological impairment; Held – claimant’s degree of permanent impairment assessed at not greater than 10%; MAC revoked.

Decision date: 30 July 2025 | Panel Members: Principal Member John Harris, Dr John Baker, and Dr Christopher Rikard-Bell | Injury module: Mental and Behavioural

McGrath v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 558

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); claimant was injured in a motor vehicle accident; Medical Assessor (MA) certified that the claimant’s injury was a threshold injury; a medical dispute arose as to whether the physical injury sustained was a threshold injury; claimant sought a review of the MAC under section 7.26; Review Panel conducted an examination and considered the factors contributing to the injury according to clause 6.6 of the Motor Accidents Guidelines; MAC revoked; Review Panel determined that the injury to the claimant’s left shoulder was a non-threshold injury.

Decision date: 30 July 2025 | Panel Members: Member Terence Stern OAM, Dr Sophia Lahz, and Dr Margaret Gibson | Injury module: Spine, and Upper Limb; Treatment Type: Surgery

Insurance Australia Limited t/as NRMA Insurance v CHA [2025] NSWPICMP 559

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); claimant driving a car with daughter as passenger when an unmanned truck moved down the street and collided with the claimant’s vehicle; claimant assessed by original Medical Assessor as having 15% whole person impairment (WPI) for psychiatric injury of post-traumatic stress disorder (PTSD) caused by the motor accident; alleged failure to consider pre-existing psychiatric conditions; Held – Review Panel accepted pre-existing generalised anxiety disorder but no impairment in all areas of function; Review Panel accepted diagnosis of PTSD; current impairment assessed as 7% WPI with 1% WPI added for the effects of treatment; MAC revoked; new certificate issued.

Decision date: 30 July 2025 | Panel Members: Member Jeremy Lum, Dr Christopher Canaris, and Dr Steven Yeates | Injury module: Mental and Behavioural

Workers Compensation Medical Appeal Panel Decisions

BUO v State of New South Wales (NSW Police Force) [2025] NSWPICMP 512

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal by claimant against 14% whole person impairment (WPI); error conceded in Medical Assessor (MA) miscalculating WPI; whether MA erred in finding 1% for activities of daily living (ADLs) regarding the lumbar spine; whether the MA erred in finding cervical DRE 1; Held – MA failed to give adequate reasons as to classification of cervical assessment; re-examination conducted; MA failed to take into account restrictions in activities of domestic duties; non-verifiable radiculopathy present in cervical spine; MAC revoked; 15% WPI found.

Decision date: 15 July 2025 | Panel Members: Member John Wynyard, Dr Alan Home, and Dr Todd Gothelf | Body system: Cervical Spine, Lumbar Spine, and Left Shoulder

Zeballos v State of NSW (Central Coast Local Health District) [2025] NSWPICMP 537

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); whether Medical Assessor (MA) obtained sufficient history to rate the appellant’s impairment in social functioning and in concentration, persistence and pace; whether MA erred with his ratings of the appellant’s impairment in social functioning and in concentration, persistence and pace; whether additional information would lead the Appeal Panel to a different conclusion; Held –MA did not obtain sufficient history to rate the appellant’s impairment in social functioning but did so with respect to concentration, persistence and pace; MA’s rating of appellant’s impairment in concentration, persistence and pace did not involve error but his rating of the appellant’s impairment in social functioning did involve error; appellant re-examined; MAC revoked.

Decision date: 23 July 2025 | Panel Members: Member Marshal Douglas, Dr Graham Blom, and Dr Michael Hong | Body system: Psychological/Psychiatric

He v Miele Australia Pty Ltd [2025] NSWPICMP 538

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); whether the Medical Assessor (MA) obtained sufficient history to assess the effect of the appellant’s cervical spine injury on his activities of daily living; whether the MA provided adequate reasons to explain his rating for the effect of the appellant’s cervical spine injury on his activities of daily living; Held – MA neither obtained a sufficient history nor adequately explained his reasons for his rating of the effect of the appellant’s injury on his activities of daily living; appellant re-examined; Appeal Panel rated the effect of the appellant’s cervical spine injury on his activities of daily living the same as the MA; MAC confirmed.

Decision date: 23 July 2025 | Panel Members: Member Marshal Douglas, Dr Rob Kuru, and Dr Alan Home | Body system: Cervical Spine

Bourke Shire Council v Holt [2025] NSWPICMP 544

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal by Council against 16% whole person impairment (WPI) assessment for psychological injury; whether additional evidence admissible; whether travel category of psychiatric impairment rating scale (PIRS) incorrect; whether relationship breakup a behavioural consequence of the injury; whether 1% WPI for treatment effect incorrect; Held – additional information application dismissed as employer had the evidence (bank statements) prior to the assessment; respondent worker’s additional statement rejected as no application or submissions made as to admissibility and content did not satisfy section 328(3); travel category confirmed at Class 2; social functioning argument that relationship breakup occurred before onset of psychological condition rejected; Chapter 1.6a of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4^th ed 1 March 2021 considered and applied; PIRS authorities considered and applied; treatment effect modifier rejected; MAC revoked; 15% WPI certified.

Decision date: 25 July 2025 | Panel Members: Member John Wynyard, Dr Douglas Andrews, and Dr John Lam-Po-Tang | Body system: Psychological/Psychiatric

Passmore v Secretary, Department of Communities and Justice [2025] NSWPICMP 545

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal against assessment of primary psychiatric injury; whether Medical Assessor (MA) erred in his ratings of the appellant’s impairment in two of the psychiatric impairment rating scale (PIRS) categories (social and recreational activities and employability); Appeal Panel found there was no material error in the assessment of social and recreational activities; Appeal Panel found that MA failed to apply the relevant criteria in the scale of employability; Held – MAC revoked.

Decision date: 25 July 2025 | Panel Members: Member Carolyn Rimmer, Professor Nicholas Glozier, and Dr Michael Hong | Body system: Psychological/Psychiatric

JWC Formwork Pty Ltd v Poorbabaiyan [2025] NSWPICMP 546

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); whether the Medical Assessor (MA) took account of impairment of function respondent had from physical injuries when rating the respondent’s impairment in self-care and personal hygiene, social and recreational activities, travel, and employability; whether MA correctly rated the respondent’s impairment in these categories; Held – MA’s rating in self-care and personal hygiene were correct and accorded with the evidence; MA did not obtain sufficient history regarding the respondent’s function in travel and in employability to justify the ratings made; respondent re-examined; based on history obtained and findings made during re-examination Appeal Panel rated the respondent’s impairment in travel and in employability the same as the MA had; MAC confirmed.

Decision date: 25 July 2025 | Panel Members: Member Marshal Douglas, Dr Douglas Andrews, and Dr Ash Takyar | Body system: Psychological/Psychiatric

Fullers Mobile Cranes Pty Ltd v Del Grande [2025] NSWPICMP 547

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); whether the Medical Assessor (MA) obtained sufficient history to assess the effect of the respondent’s lumbar spine condition on activities of daily living; whether the MA took proper account of the effect of the respondent’s left lower extremity injury when assessing the impact of the respondent’s lumbar spine condition on activities of daily living; whether MA provided cogent explanation for the rating he made for the impact of the respondent’s lumbar spine condition on activities of daily living; whether MA correctly applied the relevant criteria when assessing the impact of the respondent’s lumbar spine condition on activities of daily living; Held – MA did cogently explain her reasons for her rating of the effect of the respondent’s injury on his activities of daily living; respondent re-examined; Appeal Panel rated the effect of the respondent’s lumbar spine condition on his activities of daily living the same as the MA; MAC confirmed.

Decision date: 28 July 2025 | Panel Members: Member Marshal Douglas, Dr Christopher Oates, and Dr Doron Sher | Body system: Left Lower Extremity, Scarring (TEMSKI), and Lumbar Spine

Sydney Trains v Singh [2025] NSWPICMP 551

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); medical appeal; causation; questions of causation not foreign to medical disputes; Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd applied; previous injury; section 323 applied; effect of finding that injury had resolved; subsequent events excluded on basis of Secretary, New South Wales Department of Education v Johnson, and State Government Insurance Commission v Oakley; relevant considerations; surgery causally connected to injurious event; scarring also causally connected and assessed appropriately; Held – MAC confirmed.

Decision date: 29 July 2025 | Panel Members: Member Parnel McAdam, Dr Michael Davies, and Dr James Bodel | Body system: Cervical Spine, and Scarring (TEMSKI)

Restaurant Normandy Pty Ltd v Jones [2025] NSWPICMP 552

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC) in respect of psychological injury; psychiatric impairment rating scale (PIRS) tables for self-care and personal hygiene, and concentration, persistence and pace; no demonstrable error on the face of the MAC with respect to self-care and personal hygiene; Pitsonis v Registrar of the Workers Compensation Commission; assessment in class 3 for concentration, persistence and pace inconsistent with ability to undertake masters degree; Held – MAC revoked.

Decision date: 29 July 2025 | Panel Members: Member Catherine McDonald, Professor Nicholas Glozier, and Dr John Lam Po Tang | Body system: Psychological/Psychiatric

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

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