Alomari v All Builds Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Alomari v All Builds Pty Ltd [2025] NSWPIC 282

APPLICANT:

Alomari

RESPONDENT:

All Builds Pty Ltd

MEMBER:

Diana Benk

DATE OF DECISION:

19 June 2025

CATCHWORDS:

Workers Compensation Act 1987; claim for lump sum compensation for the lumbar and cervical spine and bilateral shoulders; no dispute regarding lumbar spine and bilateral shoulder conditions; issue is whether the applicant sustained a frank injury to the cervical spine; Kennedy Cleaning Services Pty Ltd v Petkovska considered; Held – the worker suffered injury to his cervical spine; medical evidence demonstrates sudden or identifiable pathological change; lumbar spine, cervical spine and bilateral shoulder impairment to be assessed by a medical assessor.

DETERMINATIONS MADE:

The Commission determines:

1.     The applicant sustained injury to his cervical spine on 25 March 2023.

2.     The matter is remitted to the President for referral to a Medical Assessor for assessment of whole person impairment (WPI) as follows;

Date of injury: 25 March 2023 (deemed)

Method of assessment: WPI

Body system/part: Lumbar spine, Cervical spine, Right upper extremity (shoulder), Left upper extremity (shoulder).

3.     That the Medical Assessor be provided with the following;

(a)    Application to Resolve a Dispute and attachments, and

(b)    Reply and attachments.

STATEMENT OF REASONS

BACKGROUND

1. Mr Alomari (the applicant) claims lump sum compensation arising out of and resulting from employment injury with All Builds Pty Ltd (the respondent).

2. The respondent’s insurer accepts he sustained an injury/consequential conditions to both shoulders and the lumbar spine however disputes “injury” to the cervical spine. This dispute has become the subject of the Application to Resolve A Dispute (ARD) filed with the Personal Injury Commission (Commission).

3. The matter underwent the usual case management pathway ultimately proceeding to arbitration. Mr Morgan of counsel instructed by Mr Naddaf represented the applicant. Mr Gaitanis of counsel instructed by Mr Michael represented the respondent. Mr Robinson was the insurer representative. Evidence before the Commission consisted of the documents attached to the ARD and Reply. No oral evidence was called.

ISSUE FOR DETERMATION

1. The sole issue for determination is whether the applicant sustained an injury to his cervical spine.

2. Parties agreed subject to findings, the matter was to be remitted to the President for referral to a Medical Assessor.

RELEVANT LAW

1. The law relevant to this application is found in the Workers Compensation Act 1987 (the 1987 Act).

Applicant’s position – evidence and submissions

1. The applicant in his statement dated 20 February 2025 recounts the following:

   (a)    he was employed as a carpenter and form worker on a full time basis averaging about 48 to 56 hours per week;

   (b)    the work was strenuous and heavy and was both on commercial and residential projects;

   (c)    he wore a tool belt which weighed about 15kg which he says caused strain to his lumbar spine;

   (d)    his duties required him to negotiate uneven work sites, stairs, scaffolding, ladders and carry materials that would weigh between 10 to 25kg;

   (e)    he first noticed pain following these activities in about…