Legal Bulletin No. 229

Issued 19 September 2025

Welcome to the two hundred and twenty ninth edition of the Personal Injury Commission’s Legal Bulletin. Please see here for details about the legal citations used for the Commission’s decisions. The decisions listed below are now available on AustLII and will be available shortly, on Jade and Lexis Nexis. Any legislative updates are provided at the base of the Bulletin.

Presidential Member Decisions

Qoreishi v B2C Delivers Pty Ltd [2025] NSWPICPD 63

Workers compensation; definition of worker under section 4 of the Workplace Injury Management and Workers Compensation Act 1998; construction of written contract and whether the appellant was an employee or an independent contractor; Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 considered and applied; Held – the Certificate of Determination dated 13 December 2024 is confirmed.

Decision date: 5 September 2025 | Before: President Judge Phillips

Woolworths Group Limited v Moriarty [2025] NSWPICPD 64

Workers compensation; section 352(5) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act); the correct approach to be adopted on appeal in determining allegations of factual error; State of New South Wales v Culhana [2025] NSWCA 157; Warren v Coombes [1979] HCA 9; Fox v Percy [2003] HCA 22 considered and applied; section 294 of the 1998 Act; Rule 78 of the Personal Injury Commission Rules 2021; adequacy of reasons; Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430; Mifsud v Campbell (1991) 21 NSWLR 725; Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110; Ming v Director of Public Prosecutions (NSW) [2022] NSWCA 209; Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247; Minister for Immigration and Ethnic Affairs v Liang [1996] HCA 6 considered and applied ; inferential findings; Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; Luxton v Vines [1952] HCA 19; Jones v Dunkel [1959] HCA 8 considered and applied; section 9A of the Workers Compensation Act 1987; whether employment a substantial contributing factor to the injury; Badawi v Nexon Asia Pacific Pty Ltd t/as Commander Australia Pty Ltd [2009] NSWCA 324 applied; Held – leave to appeal the interlocutory decision dated 29 November 2024 pursuant to section 352(3A) of the Workplace Injury Management and Workers Compensation Act 1998 is granted; the determination that the respondent suffered a work-related injury on 11 May 2016 is confirmed; award for the appellant in respect of the allegation that the injury on 13 August 2017 resulted from the injury on 11 May 2016; the respondent’s employment was a substantial contributing factor to the injury on 11 May 2016; the referral to a Medical Assessor dated 29 November 2024 for assessment of the respondent’s whole person impairment is revoked; the Matter is remitted to a different member for determination as to whether the seizures after 11 May 2016 result from the injury on 11 May 2016.

Decision date: 8 September 2025 | Before: Deputy President Elizabeth Wood

Elmobayed v Woolworths Group Limited [2025] NSWPICPD 65

Workers compensation; section 60 of the Workers Compensation Act 1987 ; whether need for surgery results from injury; scope of estoppel created by consent award for respondent in prior proceedings; Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd [2014] NSWCA 264 and Bouchmouni v Bakhos Matta t/as Western Red Services [2013] NSWWCCPD 4 considered; factual finding that need for surgery resulted from injury caught by the estoppel; Held – the Certificate of Determination dated 17 December 2024 is confirmed.

Decision date: 8 September 2025 | Before: Acting Deputy President Paul Sweeney

Long v Tyco International Pty Ltd t/as O’Donnell Griffin [2025] NSWPICPD 66

Workers compensation; alleged error of law in failing to consider status of a Medical Assessment Certificate; where medical dispute referred for assessment by section 321(4) and Part 7 of the Workplace Injury Management and Workers Compensation Act 1998 (as it stood in March 2010) when liability was still in dispute; whether it followed from referral that liability can be taken as having been admitted with any relevant assessment being taken as conclusively presumed to be correct once the assessment occurs; Held – the Member’s Certificate of Determination

dated 11 December 2024 is confirmed.

Decision date: 10 September 2025 | Before: Acting Deputy President Michael Perry

Motor Accidents non-Presidential Member Decisions

Liebert v Allianz Australia Insurance Limited [2025] NSWPIC 458

Motor Accident Injuries Act 2017; claim for statutory benefits; insurer denies liability for any benefits under section 3.1 on basis injury did not occur in a motor accident; claimant passenger on bus reached across the aisle to help another passenger and claimed left arm hyperextended causing shoulder injury; parties agreed Member should consider CCTV from inside the bus in the absence of expert evidence; Held – CCTV did not show harsh, sudden, or violent stopping of bus; claimant injured during driving of bus but injury was not caused by or as a result of the driving of the bus; incident on the bus was not a motor accident within the meaning of the Act; Allianz Australia Insurance Limited v GSF Australia Proprietary Limited followed; Hamilton v CIC Allianz Insurance Limited, and Bizannes v AAI Limited t/as GIO referred to.

Decision date: 5 September 2025 | Member: Belinda Cassidy

Sayour v Allianz Australia Insurance Limited [2025] NSWPIC 459

Motor Accident Injuries Act 2017; miscellaneous claims assessment; insurer does not accept the injury sustained by the claimant was a result of a motor accident; claimant was a passenger in an Uber motor vehicle being driven by the insured driver; the insured driver was subject to a random breath test which resulted in a BAC reading of 0.86; it is alleged the claimant as a consequence of being a passenger in the vehicle suffered psychological injuries; insurer asserted this was not a single event; claimant cited the Court of Appeal decision of Galea v Bagtrans Pty Ltd submitting the claimant’s psychiatric injuries should be treated as arising from the one incident; determined the one trip did not constitute a series of incidents with injury arising gradually; determined the claimant did sustain a psychiatric injury in the course of this occurrence; claim does fall within the scope of the Act and the claimant is entitled to statutory payments; Held – decision of the insurer is set aside and determined the claimant is entitled to statutory benefits pursuant to section 3.1.

Decision date: 5 September 2025 | Member: David Ford

Allianz Australia Insurance Limited v Narayan [2025] NSWPIC 464

Motor Accident Injuries Act 2017; approval of settlement; section 6.23; claim for damages for past and future economic loss; claimant’s bicycle struck by the insured vehicle at an intersection; soft tissue injuries to the right knee and left hip; rotator cuff injury to right shoulder; no requirement for surgery; whole person impairment assessment of 0%; whether a buffer allowance for future economic loss is appropriate in the circumstances; Held – proposed settlement of $294,187.17 is approved.

Decision date: 8 September 2025 | Member: Maurice Castagnet

Ross v AAI Limited t/as GIO [2025] NSWPIC 465

Motor Accident Injuries Act 2017; miscellaneous claims assessment; whether claimant wholly or mostly at fault; sections 3.11 and 3.28; claimant sustained injury when a new rear motor bike tyre lost traction; claimant alleged could have been contamination on the road surface; no evidence of contamination; no evidence new tyre had been correctly scuffed/scrubbed; Held – claimant’s evidence insufficient to establish any road contamination; common knowledge new bike tyres slippery and until correctly prepared can lose traction; claimant mostly at fault and contributory negligence greater than 61%.

Decision date: 9 September 2025 | Member: Elyse White

Workers Compensation non-Presidential Member Decisions

Bond v Blacktown Area Community Centres Incorporated [2025] NSWPIC 453

Workers Compensation Act 1987 (1987 Act);Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); permanent impairment compensation assessed and medical appeal undertaken; proceedings discontinued by consent before compensation paid; application for reconsideration of certificate of determination and medical assessment certificate to allow for assessment of additional claims; principles relevant to reconsideration; Samuel v Sebel Furniture, and Inner West Council v McQuade; availability of medical appeal; Sleiman v Gadalla Pty Ltd, and Lovelee v Sydney International Container Terminals; need for claim and medical dispute; Skates v Hills Industries; one assessment; section 322A of the 1998 Act, Singh v B & E Poultry Holding Pty Ltd, and Secretary, Department of Education v Connolly; Held – reconsideration not possible in respect of claims not previously made; reconsideration in respect of remaining claim declined in exercise of discretion.

Decision date: 3 September 2025 | Member: Catherine McDonald

Hamilton v ERBD Pty Ltd [2025] NSWPIC 454

Workers Compensation Act 1987; claim for medical expenses pursuant to section 60 for surgery being L3/4 and L4/5 right sided decompression; applicant had accepted injury to lumbar spine; whether the surgery was reasonably necessary as a result of the accepted injury; Held – the surgery was reasonably necessary as a result of the accepted injury; the respondent to pay the applicant’s medical expenses in respect of the surgery pursuant to section 60.

Decision date: 3 September 2025 | Member: Karen Garner

Aram v Unisson Disability Support [2025] NSWPIC 455

Workers Compensation Act 1987; claim for injury and surgical treatment to the neck said to arise out of injury simpliciter on 26 April 2023; respondent disputed the applicant sustained injury and maintained applicant not credible given subsequent multiple versions of injury all inconsistent with hospital presentation immediately after accident; consideration of Kooragang Cement Pty Ltd v Bates, Kumar v Royal Comfort Bedding Pty Ltd, Nguyen v Cosmopolitan Homes, Onassis v Vergottis, and Watson v Foxman; inconsistencies in evidence both factual and medical; Held – applicant failed to discharge onus; award respondent in respect of the claim of injury to the neck and claim for surgery.

Decision date: 3 September 2025 | Member: Diana Benk

Napper v Buckley's Rural Services Pty Ltd [2025] NSWPIC 456

Workers Compensation Act 1987; disease injury; applicant suffered renal failure; worked in a weed spraying business; significant chemical use; whether disease contracted in the course of employment to which employment the main contributing factor; different diagnoses given; consideration of medicolegal and treating diagnoses; date of injury in circumstances where first incapacity unclear; whether disposal of medical waste from dialysis reasonably necessary medical treatment; Held – applicant suffered an injury; employment main contributing factor to that injury; date of injury determined on first attendance for kidney biopsy; disposal of medical waste not reasonably necessary; directions issued for further conduct of matter.

Decision date: 4 September 2025 | Member: Parnel McAdam

Hill v The A2 Milk Company (Australia) Pty Ltd [2025] NSWPIC 460

Workers Compensation Act 1987; psychological injury; allegation of a primary psychological injury disputed; applicant has an accepted physical injury and secondary psychological condition for which he is receiving weekly benefits on the basis of no current work capacity (total incapacity); dispute about date of injury; dispute about lateness of notice of injury and claim for compensation; evidence weighed in the balance and applicant found to have suffered a primary psychological injury; not precluded from recovery because of “lateness” because deemed date of injury of the primary psychological injury so found is the date of incapacity as a result of the primary psychological injury; Held – award for the applicant on the basis of no current work capacity (total incapacity); reduced under section 46 by the amounts paid or being paid by the respondent for weekly compensation on the basis of no current work capacity (total incapacity) for the accepted physical injury and secondary psychological condition.

Decision date: 5 September 2025 | Member: Jane Peacock

Amin v Downer Pipe Tech Pty Ltd & Anor [2025] NSWPIC 462

Workers Compensation Act 1987; death claim; determination of dependency 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 – no other dependants; orders for payment of the death benefit and agreed interest.

Decision date: 8 September 2025 | Principal Member: Glenn Capel

Hilder v Aware Super Services Pty Ltd [2025] NSWPIC 463

Workers Compensation Act 1987; weekly compensation and medical expenses claim in respect of a psychological injury; whether the applicant’s injury was wholly or predominantly caused by the respondent’s reasonable action with respect to retrenchment; applicant suffered a psychological injury in the course of his employment with the respondent; liability was denied on the basis the respondent’s reasonable actions with regards to retrenchment were the whole or predominant cause of the injury; Held – applicant carries the onus of establishing the requirements for ongoing payments beyond 130 weeks under section 38 have been met; the evidence does on balance establish total incapacity up to the expiration of the second entitlement period under section 37; respondent ordered to pay weekly compensation to the applicant in the amount claimed for total incapacity for the totality of the sections 36 and 37 period; award for the respondent on the claim for compensation pursuant to section 38; respondent to pay the applicant’s section 60 expenses.

Decision date: 8 September 2025 | Member: Cameron Burge

Keryakos v Enviro Waste Services Group Pty Ltd [2025] NSWPIC 466

Workers Compensation Act 1987; workplace injury to cervical spine; whether medical treatment by way of discectomy and fusion reasonably necessary; section 60; whether radiculopathy and myelopathy present; Held – early signs of radiculopathy present; radiculopathy and myelopathy present at later examination and progressing; sufficient basis for requested surgery found to exist; discectomy and fusion surgery found to be reasonably necessary.

Decision date: 9 September 2025 | Member: Adam Halstead

Austin v State of New South Wales (NSW Police Force) [2025] NSWPIC 467

Workers Compensation Act 1987; claim by police officer for weekly benefits; accepted claim for psychological injury deemed to have occurred in 2012; worker claimed to have sustained further injury in 2024; insurer disputed that the worker had sustained further injury but continued to pay benefits under claim for injury in 2012; consideration of Federal Broom Co Pty v Semlitch, Commissioner for Railways v Bain, Cant v Catholic Schools Office, Shlimon v Steric Pty Ltd, and Haddad v The GEO Group Australia Pty Ltd; Held – worker sustained injury pursuant to section 4(b)(ii) in 2024; finding made accordingly; respondent to pay weekly benefits in accordance with finding and have credit for payments made; respondent to pay applicant’s costs as agreed or assessed.

Decision date: 9 September 2025 | Senior Member: Kerry Haddock

Motor Accidents Medical Review Panel Decisions

Saboune v Allianz Australia Insurance Limited [2025] NSWPICMP 671

Motor Accident Injuries Act 2017; permanent impairment; review; insured car drove across claimant’s path; insurer disputed causation and permanent impairment; 2014 accident; Commission referred upper limb injuries with cervical spine injury to assess permanent impairment; Medical Assessor’s certificate assessed 1% permanent impairment; referred for review; re-examination; claimant was cooperative and consistent; accident was capable of causing all referred injuries; 6% permanent impairment; different clinical findings; Held –different permanent impairment findings to original assessment; Review Panel revoked original certificate; permanent impairment not greater than 10%.

Decision date: 4 September 2025 | Panel Members: Member Terence O’Riain, Dr Ian Cameron, and Dr Michael Couch | Injury module: Spine, Upper Limb, and Minor Skin

Barbar v QBE Insurance (Australia) Limited [2025] NSWPICMP 672

Motor Accident Injuries Act 2017; threshold injury dispute; claimant was reversing out of car space when another reversing car collided with the rear of her vehicle; claimant says she was gripping forcefully onto the steering wheel at time of impact; no documented shoulder complaint until six weeks after motor accident; whether partial thickness tear of the shoulder tendons is causally related to the motor accident; original Medical Assessment Certificate (MAC) found right shoulder to be threshold injury but stated the motor accident could have exacerbated the partial tendon tear that likely pre-existed the motor accident; Held – motor accident not considered to involve sufficient mechanical force to cause a partial tear or exacerbate a pre-existing tear of the shoulder tendons; forcefully gripping the steering wheel could plausibly cause a tear however timeline in present matter is more consistent with a soft tissue injury; due to a change in the description of other injuries MAC is revoked.

Decision date: 4 September 2025 | Panel Members: Member Jeremy Lum, Dr Margaret Gibson, and Dr Christopher Oates | Injury module: Spine, and Upper Limb

Allianz Australia Insurance Limited v Denny [2025] NSWPICMP 674

Motor Accident Injuries Act 2017; assessment of degree of permanent impairment dispute; claimant was walking to the local shops; claimant looked left and saw there was no oncoming traffic and proceeded to cross the road when the insured vehicle suddenly started reversing at speed; claimant turned his body and was struck on the left side as the vehicle continue to reverse; claimant says that he suffered in the accident full thickness supraspinatus tear in the left shoulder; fracture of the left humerus; frozen left shoulder; injury to the left arm; significant aggravation of pre-existing foot injury now requiring the use of a walking stick; aggravation of pre-existing psychological condition including the onset of significant post-traumatic stress disorder symptoms; claimant underwent surgery a year later; Medical Assessor (MA) diagnosed accident-related major depressive disorder and assessed 13% whole person impairment (WPI) utilising the psychiatric impairment rating scale (PIRS); Held – Review Panel found major depressive disorder and somatic symptom disorder with predominant pain; Review Panel made different ratings scores to original MA and found 7% WPI; certificate revoked.

Decision date: 5 September 2025 | Panel Members: Member Gary Victor Patterson, Dr Steven Yeates, and Dr Surabhi Verma | Injury module: Mental and Behavioural

Allianz Australia Insurance Limited v Sekar [2025] NSWPICMP 675

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC); threshold injury dispute; application for review under section 7.26; degree of permanent impairment also assessed in MAC; agreed by parties for permanent impairment to be assessed by Review Panel if non-threshold injury found; injury to cervical spine; issue as to causation; issue as to potential inconsistency between reports and contemporaneous documents; claimant re-examined; David v Allianz Australia Insurance Ltd considered and followed; Held – injuries non-threshold for the purposes of the Act; no inconsistency between reports by claimant and contemporaneous documents; no reports of subsequent injuries; accident caused injuries; permanent impairment assessed at 5% being not greater than 10%; no allowance for pre-existing or subsequent injuries; MAC revoked.

Decision date: 5 September 2025 | Panel Members: Member Bianca Montgomery-Hribar, Dr Drew Dixon, and Dr David Gorman | Injury module: Spine

Allianz Australia Insurance Limited v Akl; Akl v CIC Allianz Insurance Limited [2025] NSWPICMP 676

Motor Accident Injuries Act 2017; claimant’s review of Medical Assessment Certificate’s (MAC) under section 7.26; whether the injuries caused by the accident were threshold injuries; whether the motor accident caused a supraspinatus tear in the left shoulder; permanent impairment dispute; referred injuries include cervical spine, thoracic spine, lumbar spine, left shoulder, left knee, and consequential injury to the right shoulder due to overuse to compensate for the left shoulder injury; re-examination by the Review Panel; Held – original MAC’s revoked; injury to the left shoulder caused by the motor accident is not a threshold injury; injury to the right shoulder and the left knee not caused by the motor accident; permanent impairment assessed at 2%.

Decision date: 5 September 2025 | Panel Members: Member Maurice Castagnet, Dr Mohammed Assem, and Dr Margaret Gibson | Injury module: Spine, Upper Limb, and Lower Limb

AAI Limited t/as GIO v Dordevic [2025] NSWPICMP 677

Motor Accident Injuries Act 2017; claimant’s review of Medical Assessment Certificate (MAC) under section 7.26; permanent impairment dispute; claimant was thrown off her pushbike after being struck by the insured vehicle; referred injuries include cervical spine, thoracic spine, lumbar spine, both shoulders, left wrist, left knee, right hip, and right ankle; claimant was involved in multiple  prior and subsequent motor accidents and work injury incidents; complex pre-existing and subsequent history of musculoskeletal injuries; prior cervical spine and lumbar spine pathology; subsequent lumbar spine pathology; assessment of permanent impairment complicated by pre-existing and subsequent impairments in some of the same body regions; clauses 6.31 and 6.34 of the Motor Accident Guidelines considered; re-examination by the Review Panel; Held – original MAC (finding permanent impairment of 14%) revoked; permanent impairment assessed at 9%.

Decision date: 5 September 2025 | Panel Members: Member Maurice Castagnet, Dr Mohammed Assem, and Dr David Gorman | Injury module: Spine, Upper Limb, and Lower Limb

Hasoon v Insurance Australia Limited t/as NRMA Insurance [2025] NSWPICMP 684

Motor Accident Injuries Act 2017; assessment of whole person impairment (WPI); the claimant suffered injury in a motor vehicle accident; Medical Assessor (MA) assessed 3% whole person impairment (WPI) as a result of an exacerbation of a major depressive disorder caused by accident after deducting 19% WPI for a pre-existing condition; claimant sought review; Held – certificate of MA revoked; claimant had sustained somatic symptom disorder with predominant and persistent pain, major depressive disorder, and opioid use caused by the accident; pre-existing condition of adjustment disorder with anxiety and post-traumatic stress disorder in full remission; current WPI 22% but after deduction pre-existing WPI 15%; impairment caused by accident 7% WPI.

Decision date: 8 September 2025 | Panel Members: Senior Member Susan McTegg, Dr John Baker, and Dr Christopher Canaris | Injury module: Mental and Behavioural

Youekana v AAI Limited t/as GIO [2025] NSWPICMP 687

Motor Accident Injuries Act 2017; review of Medical Assessment Certificate (MAC) under section 7.26; permanent impairment dispute; Medical Assessor (MA) certified a permanent impairment of 7% which was not greater than 10%; claimant examined; claimant terminated examination before conclusion; Held – Review Panel diagnosed persistent depressive disorder and somatic symptom disorder; Review Panel satisfied claimant’s psychological injuries were caused by the accident; degree of permanent impairment resulting from claimant’s psychological injuries caused by the accident is 6% which is not greater than 10%; MA included specific percentage in certificate therefore MAC revoked.

Decision date: 9 September 2025 | Panel Members: Member Bianca Montgomery-Hribar, Dr Wayne Mason, and Dr Surabhi Verma | Injury module: Mental and Behavioural

Workers Compensation Medical Appeal Panel Decisions

Rasho v Sealy of Australia (NSW) Pty Ltd [2025] NSWPICMP 669

Workplace Injury Management and Workers Compensation Act 1998; whether demonstrable error or incorrect application of criteria arising from failure to consider whether impairment resulting from worker’s consequential obstructive sleep apnoea fell within a Class 1 impairment under the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed (AMA 5) Table 13-4; whether error in Medical Assessor’s (MA) approach to sleep disturbance due to chronic pain and anxiety; Held – MA erred in failing to consider whether a score below 10 on the Epworth Sleepiness Scale resulted in a Class 1 impairment; as the medical dispute concerned only the degree of permanent impairment of the respiratory system due to obstructive sleep apnoea there was no basis on which to assess impairment resulting from pain or psychological symptoms; Medical Assessment Certificate revoked.

Decision date: 3 September 2025 | Panel Members: Member Rachel Homan, Dr David Gorman, and Dr Christopher Oates | Body system: Lumbar Spine, and Respiratory System

Rowen v Secretary, Department of Education [2025] NSWPICMP 670

Workplace Injury Management and Workers Compensation Act 1998; assessment of primary psychiatric injury; appeal by the worker on the basis that the Medical Assessor (MA) applied incorrect criteria and made a demonstrable error with respect to the rating of social and recreational activities; Appeal Panel satisfied that the activities described by the MA in the psychiatric impairment rating scale (PIRS) rating form for the category of social and recreational were properly characterised and the MA did not take into account any irrelevant consideration in the context of assigning a Class 2 assessment for social and recreational activities; Held – Medical Assessment Certificate confirmed.

Decision date: 4 September 2025 | Panel Members: Member Carolyn Rimmer, Dr Douglas Andrews, and Professor Nicholas Glozier | Body system: Psychological/Psychiatric

Denshire v Medecins Sans Frontieres Australia Ltd [2025] NSWPICMP 678

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC) with respect to psychological injury; allegation of apprehended bias; Chamoun v District Court of New South Wales, and BW v Secretary, Department of Communities and Justice; assessment under the psychiatric impairment rating scale (PIRS); Jenkins v Ambulance Service of New South Wales, Ballas v Department of Education, Tasevski v Westpac Banking Corporation, and Lancaster v Foxtel Management Pty Ltd; Held – MAC confirmed.

Decision date: 5 September 2025 | Panel Members: Member Catherine McDonald, Dr Douglas Andrews, and Dr Ash Takyar | Body system: Psychological/Psychiatric

Qube Ports Pty Ltd v Masurkun [2025] NSWPICMP 679

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal regarding reaching maximum medical improvement; psychiatric impairment rating scale (PIRS) classifications and secondary psychological injury; Held – MAC confirmed.

Decision date: 8 September 2025 | Panel Members: Senior Member Elizabeth Beilby, Dr Douglas Andrews, and Dr John Lam-Po-Tang | Body system: Psychological/Psychiatric

Coles Supermarkets Australia Pty Ltd v Leary [2025] NSWPICMP 680

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); whether the examination the Medical Assessor (MA) conducted was sufficient to make a finding the respondent met the criteria for DRE II; whether the MA’s conclusion that the respondent met the requirements of DRE II accorded with the MA’s findings from his examination of the respondent; whether the MA was correct not to engage section 323(1); Held – it is apparent that the MA’s examination of the respondent was sufficient to determine by reference to which DRE category the respondent’s spinal impairment was to be assessed; MA correctly correlated his findings from examination with the criteria for DRE II; MA was correct not to engage section 323(1) because any pre-existing condition the respondent had does not contribute to her current impairment; MAC confirmed.

Decision date: 8 September 2025 | Panel Members: Member Marshal Douglas, Dr Tim Anderson, and Dr Drew Dixon | Body system: Left Lower Extremity, Lumbar Spine, and Scarring (TEMSKI)

Strathfield Municipal Council v Tanner [2025] NSWPICMP 681

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); medical appeal; assessment of psychological injury under the psychiatric impairment rating scale (PIRS); respondent worker attempted to rely on fresh evidence lodged under cover of application to lodge additional documents; consideration of section 328(3); admission of material rejected; whether the Medical Assessor (MA) failed to consider relevant material; challenge to three of the PIRS; Held – MA failed to consider surveillance material; error in one of the PIRS; MAC revoked.

Decision date: 8 September 2025 | Panel Members: Member Parnel McAdam, Dr Michael Hong, and Dr John Lam-Po-Tang | Body system: Psychological/Psychiatric

Macquarie University v Robertson [2025] NSWPICMP 682

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of the right lower extremity; worker appealed; submitted that the Medical Assessor (MA) erred when he failed to make a deduction under section 323; Held – Appeal Panel found error and noted the MA’s reasons were adequately explained and accorded with the available evidence; MAC confirmed.

Decision date: 8 September 2025 | Panel Members: Member Jane Peacock, Dr Robert Kuru, and Dr Gregory McGroder | Body system: Right Lower Extremity, Left Lower Extremity, and Scarring

Spokes v Mark Anthony Bristow Painting Services [2025] NSWPICMP 689

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); appeal from assessment of Medical Assessor; deterioration; availability of additional relevant information; Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission of New South Wales; extent of jurisdiction of Appeal Panel with respect to appeal; O’Callaghan v Energy World Corporation Ltd, and Skates v Hill Industries Ltd considered and applied; Held – deterioration established; MAC revoked; new MAC issued limited to extent of medical dispute initially referred.

Decision date: 9 September 2025 | Panel Members: Member Mitchell Strachan, Dr Tommasino Mastroianni, and Dr Drew Dixon | Body system: Left Upper Extremity, Lumbar Spine, Right Lower Extremity, and Scarring (TEMSKI)

Browne v Southern Cross Care [2025] NSWPICMP 690

Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); psychological injury; appellant worker alleged assessment on the basis of incorrect criteria and demonstrable error in the making of an assessment under one of the psychiatric impairment rating scale (PIRS) categories (concentration, persistence and pace); Held – Appeal Panel found error in the assessment of concentration, persistence and pace; findings during a mental state examination in the domain of concentration, persistence and pace are highly relevant but they are not determinative; Medical Assessor placed undue weight on the findings during the mental state examination and had insufficient regard to the appellant’s self-report supported by other medical evidence; a re-examination was not considered necessary as there was sufficient material before the Appeal panel to enable a determination to be made; MAC revoked.

Decision date: 9 September 2025 | Panel Members: Member Jane Peacock, Dr Douglas Andrews, and Dr Michael Hong | 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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