Aslan v Blue Visions Management Pty Ltd

DETERMINATION OF APPEAL PANEL
CITATION:	Aslan v Blue Visions Management Pty Ltd [2023] NSWPICMP 530
APPELLANT:	Dina Aslan
RESPONDENT:	Blue Visions Management Pty Limited
APPEAL PANEL
MEMBER:	Richard J Perrignon
MEDICAL ASSESSOR:	Douglas Andrews
MEDICAL ASSESSOR:	Nicholas Glozier
DATE OF DECISION:	24 October 2023
CATCHWORDS:	WORKERS COMPENSATION - Appeal from assessment of whole person impairment (psychological); fresh or additional evidence on appeal; whether the assessor erred in assessing social and recreational activities or social functioning; Held – Medical Assessment Certificate confirmed.

BACKGROUND TO THE APPLICATION TO APPEAL

1. The appellant worker, Ms Aslan, appeals from the Medical Assessment Certificate of Medical Assessor Hong dated 13 April 2023. He examined Ms Aslan on 4 April 2023 by video, and assessed an 8% whole person impairment (psychological) as a result of injury on 27 September 2019 (deemed date).

2. He assessed two of the psychiatric impairment rating scales (PIRS) as follows:

   (a)    Social and recreational activities:              Class 2 impairment, and

   (b)    Social functioning:  Class 2 impairment.

3. The appellant submits that the Medical Assessor took an incorrect history with respect to these assessments, which she seeks to correct in a statutory declaration provided to the Panel dated 9 May 2023. She says that, on the corrected history, the evidence supported a class 3 impairment in each case, and that the assessment of class 2 impairments in the circumstances amounted to demonstrable error.

4. The Appeal Panel conducted a preliminary review of the Medical Assessor’s medical assessment in the absence of the parties and in accordance with the Guidelines.

Submissions

1. The parties made written submissions which have been taken into account. It is unnecessary to repeat them in full. The appellant’s submissions may be summarised briefly as follows:

   (a)    In respect of the statutory declaration:

   (i)The statutory declaration came into existence after 13 April 2023 when the Medical Assessment Certificate was issued. It follows that it was not available to the appellant before the assessment.

   (ii)It could not reasonably have been obtained before the assessment because it deals with factual errors made in the course of the assessment.

   (iii)It is probative because it corrects important errors and impairment would likely have been rated greater if the fact finding had not miscarried.

   (iv)The appellant relies specifically on the following:

   1.She told Medical Assessor Hong that she avoided family funerals and weddings because she is “affected and triggered” after family members “would ghost me” at such events.

   2.Medical Assessor Hong’s history that she visits many friends regularly and enjoys smaller social and recreational activities is incorrect. She and her husband do not have friends in Australia. She rarely socialises. She told the Medical Assessor that she lost all her work friends. On the seldom occasions when she makes plans, she often ends up cancelling them because of mood swings and avoids people.

   3.Medical Assessor Hong’s history that she attends regular social activities with family and friends, and engages in small social gatherings and eating out with some friends, without a support person, is incorrect. She told him…