| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Alm v Nimue Skin Pty Ltd [2024] NSWPIC 568 |
| APPLICANT: | Karen Alm |
| RESPONDENT: | Nimue Skin Pty Limited |
| MEMBER: | Mitchell Strachan |
| DATE OF DECISION: | 15 October 2024 |
CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); claim for lump sum compensation; prior Medical Assessment Certificate (MAC); section 322A; application for reconsideration of MAC; status of prior Certificate of Determination not responding to claim made; Pollard v Toll Helicopters NSW; Raniere Nominees Pty Ltd (t/as Horizon Motor Lodge) v Daley; DJL v Central Authority; Fairfield City Council v McCall (No 2); Samuel v Sebel Furniture Limited; Sleiman v Gadalla Pty Ltd; Held – Certificate of Determination a nullity; reconsideration application declined; appeal under section 327 preferable to exercise of discretion for reconsideration. |
| DETERMINATIONS MADE: | The Commission determines: 1. The Certificate of Determination (COD) issued by the prior Workers Compensation Commission (WCC) dated 29 September 2020 is a nullity and as such the further COD issued by the WCC dated 20 October 2020 is otiose. 2. The applicant’s request to reconsider the Medical Assessment Certificate dated 3. The current proceedings for permanent impairment compensation pursuant to s 66 of the Workers Compensation Act 1987 are dismissed. A brief statement is attached setting out the Commission’s reasons for the determination. |
STATEMENT OF REASONS
BACKGROUND
The applicant sustained injury in the course of her employment with the respondent on
13 November 2013. Liability for injury to the left knee was initially accepted by the respondent’s insurer.The applicant commenced proceedings in the Workers Compensation Commission (WCC) in 2018. In a Certificate of Determination (COD) and Statement of Reasons dated
31 August 2018 Arbitrator Moore found the applicant had sustained injuries to her left knee and both hips on 13 November 2013 and a consequential condition to the right knee resulting from the injuries sustained on 13 November 2013.On 19 May 2020, the applicant, through her solicitor, commenced further proceedings in the WCC (matter 2745/20) by filing a “Form 7 – Application for Assessment by an Approved Medical Specialist”. This application sought assessment as to whether the applicant’s degree of permanent impairment was more than 20% (for the purpose of s 32A of the Workers Compensation Act 1987 (the 1987 Act) and in the alternative more than 10% (for the purpose of s 59A of the 1987 Act).
As a result, the applicant was assessed by Approved Medical Specialist Greggory Burrow and the WCC issued a Medical Assessment Certificate (MAC) dated 24 August 2020 in which the applicant was assessed with 17% whole person impairment.
Due to what appears to have been a registry error, on 29 September 2020 the WCC issued a COD making an award in favour of the applicant for permanent impairment compensation pursuant to s 66 of the…
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- Case
- [2024] NSWPIC 568
- Decision Date
CaseChat Overview and Summary
The legal issues included whether the prior MAC was a nullity because it did not respond to the claim as made and whether an application for reconsideration of the MAC was appropriate. The court referred to previous cases including Pollard v Toll Helicopters NSW, Raniere Nominees Pty Ltd (t/as Horizon Motor Lodge) v Daley, DJL v Central Authority, Fairfield City Council v McCall (No 2), Samuel v Sebel Furniture Limited, and Sleiman v Gadalla Pty Ltd. The court held that the prior MAC was a nullity as it did not respond to the claim as made and that a reconsideration application was not appropriate in this case. Instead, the court held that an appeal under section 327 was preferable to an exercise of the discretion for reconsideration.
The court declined the application for reconsideration of the MAC and held that the prior MAC was a nullity. The court held that an appeal under section 327 was preferable to an exercise of the discretion for reconsideration. The court made no orders in relation to the reconsideration application.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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