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Ali v IN2F Services Pty Ltd

Ali v IN2F Services Pty Ltd

Case [2024] NSWPIC 346 28 June 2024

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CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Ali v IN2F Services Pty Ltd [2024] NSWPIC 346
APPLICANT:	Muhammad Rajab Ali
RESPONDENT:	IN2F Services Pty Ltd
MEMBER:	Kathryn Camp
DATE OF DECISION:	28 June 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for permanent impairment compensation; section 66; consequential condition to the lumbar spine; accepted injury to the right knee; Bouchmouni v Bakhos Matta t/as Western Red Services and Nguyen v Cosmopolitan Homes considered; Held – the applicant suffered a consequential condition to the lumbar spine as a result of an accepted right knee injury; matter remitted to the President for referral to a Medical Assessor for assessment of permanent impairment.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant suffered a consequential condition to his lumbar spine, as a result of the accepted injury to his right knee on 28 August 2021. 2. The matter is remitted to the President for referral to a Medical Assessor pursuant to s 321 of the Workplace Injury Management and Workers Compensation Act 1998 for assessment as follows: Date of injury: 28 August 2021 – Personal Body systems / parts: right lower extremity (knee) scarring (TEMSKI) lumbar spine Method of assessment: whole person impairment 3. The documents to be reviewed by the Medical Assessor are: (a) Application to Resolve a Dispute dated 15 April 2024, and attached documents; (b) Reply to Application to Resolve a Dispute dated 6 May 2024, and attached documents, and (c) a copy of this Certificate of Determination.

STATEMENT OF REASONS

INTRODUCTION

This matter concerns a claim for lump sum compensation for permanent impairment in respect of an accepted right knee injury and disputed consequential condition to the lumbar spine, pursuant to s 66 of the Workers Compensation Act 1987 (1987 Act). For the reasons discussed below, the applicant has established that he suffered a consequential condition to his lumbar spine and the matter is remitted to the President for referral to a Medical Assessor for assessment of whole person impairment as a result of the injury.

BACKGROUND

On or about June 2015, Muhammad Rajab Ali, the applicant worker, commenced work for the respondent as a cleaner.
On 28 August 2021, the applicant sustained an injury to his right knee (fractured patella) as a result of tripping over electrical wire at the respondent’s premises.
The respondent accepted the injury to the applicant’s right knee and paid compensation.
On 8 September 2021, the applicant underwent surgery to repair the fractured patella, and latter further surgery on or about January 2022 to remove tension band wire which was affixed to the patella for temporary support.
The applicant claims that he continues to suffer pain in his right knee, and, in addition, pain in his lumbar spine as a consequence of the original injury. The applicant made a claim for lump sum compensation pursuant to s 66 of the 1987 Act.
The respondent’s insurer issued a notice pursuant to s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (1998…

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.

Continue reading Ali v IN2F Services Pty Ltd

Details

AGLC: Ali v IN2F Services Pty Ltd [2024] NSWPIC 346
Case: [2024] NSWPIC 346
Decision Date: 28 June 2024

CaseChat Overview and Summary

Ali commenced proceedings against IN2F Services Pty Ltd in the Workers Compensation Appeals Tribunal, asserting a claim for compensation concerning a permanent impairment resulting from an accepted injury to his right knee. The dispute hinged on whether the lumbar spine condition, alleged to be a consequential condition of the accepted knee injury, was eligible for compensation under the Workers Compensation Act 1987.

The tribunal was required to determine if the lumbar spine condition could be recognised as a consequential condition to the knee injury, and if so, whether it warranted compensation. This involved interpreting the relevant provisions of the Workers Compensation Act 1987 and assessing the medical evidence provided. The tribunal considered precedent cases, such as Bouchmouni v Bakhos Matta t/as Western Red Services and Nguyen v Cosmopolitan Homes, to guide its interpretation and application of the Act.

The tribunal concluded that Ali's lumbar spine condition was indeed a consequential condition of the accepted knee injury. The reasoning was grounded in the understanding that consequential conditions are those that arise as a direct result of the original injury. The tribunal found that the medical evidence sufficiently supported the link between the knee injury and the lumbar spine condition. Consequently, the tribunal held that the matter should be remitted to the President for referral to a Medical Assessor to evaluate the extent of the permanent impairment. This decision ensures that Ali's lumbar spine condition is appropriately assessed and compensated under the Act.

Orders