Akbawy v Hays Specialist Recruitment (Australia) Pty Ltd - [2025] NSWPIC 257

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Akbawy v Hays Specialist Recruitment (Australia) Pty Ltd [2025] NSWPIC 257
APPLICANT:	Abather Akbawy
RESPONDENT:	Hays Specialist Recruitment (Australia) Pty Limited
MEMBER:	Michael Wright
DATE OF DECISION:	10 June 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly payments including disputed consequential conditions and capacity; Moon v Conmah Pty Limited, Kumar v Royal Comfort Bedding Pty Ltd, Kooragang Cement Pty Limited v Bates considered; Held – two of three claimed consequential conditions resulted from undisputed injury; third not established; award in favour of applicant for claimed weekly compensation.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant suffered right knee and psychological conditions as a result of injury to his left knee, cervical spine, thoracic spine and lumbar spine on 2 August 2023 in the course of his employment with the respondent. 2. The applicant has not discharged his onus in respect of the claimed GORD condition. 3. The applicant has, and has had, no capacity for work as a result of injury on 2 August 2023. 4. Pursuant to s 37(1) of the Workers Compensation Act 1987 (the 1987 Act), the respondent is to pay the applicant $1,185.57 per week (and as indexed) from 19 February 2024 to date and continuing, in respect of pre-injury average weekly earnings of $1,481.96 (and as indexed). 5. General order pursuant to s 60 of the 1987 Act that that the respondent pay the applicant’s reasonably necessary medical and treatment expenses as a result of injury on 2 August 2023. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

On 2 August 2023 the applicant slipped and fell and sustained injury to his neck, back and left knee in the course of his employment with the respondent. The respondent paid the applicant weekly compensation as a result of that injury until 19 February 2024.
The applicant claims weekly compensation from 19 February 2024 in respect of the above injuries, as well as for psychological injury, and right knee and GORD conditions. The respondent disputed capacity and liability for the additionally claimed conditions.

PROCEDURE BEFORE THE PERSONAL INJURY COMMISSION

I am satisfied that the parties to the dispute understand the nature of the application and the legal implications of any assertion made in the information supplied. I have used my best endeavours in attempting to bring the parties to the dispute to a settlement acceptable to all of them. I am satisfied that the parties have had sufficient opportunity to explore settlement and that they have been unable to reach an agreed resolution of the dispute.
At the hearing of this matter the applicant was represented by Mr De Meyrick of counsel, instructed by Mr Zygis, solicitor, and the respondent by Ms Balendra of counsel, instructed by Mr Myles, solicitor.

EVIDENCE

Documentary evidence

The following documents were in evidence before the Personal Injury Commission (Commission) and considered in making this determination:
(a) Application to Resolve…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Akbawy v Hays Specialist Recruitment (Australia) Pty Ltd [2025] NSWPIC 257
Case: [2025] NSWPIC 257
Decision Date: 10 June 2025

CaseChat Overview and Summary

Akbawy was the applicant in a matter heard by the Workers Compensation Nominating Authority. Hays Specialist Recruitment (Australia) Pty Ltd was the respondent. The applicant sought weekly compensation payments, including those relating to consequential conditions and his work capacity. The applicant had suffered a compensable injury at work. He claimed weekly compensation payments, including payments for three consequential conditions and payments relating to his work capacity. The respondent contested the applicant’s claims for consequential conditions and work capacity. The court had to determine whether the three claimed consequential conditions were in fact caused by the compensable injury. The court also had to decide whether the applicant’s work capacity was affected by the compensable injury.

The court considered the evidence presented and noted that two of the claimed consequential conditions were directly caused by the compensable injury. The third consequential condition was not found to have resulted from the injury. The court also considered whether the applicant’s work capacity was affected by the compensable injury and found that it was. The court held that the applicant was entitled to weekly compensation payments in relation to the two consequential conditions that resulted from the compensable injury, and in relation to his work capacity. The court awarded the applicant compensation payments accordingly.

Orders