Bechara v Richard Crookes Constructions Pty Ltd - [2022] NSWPIC 526

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Bechara v Richard Crookes Constructions Pty Ltd [2022] NSWPIC 526
APPLICANT:	Mark Bechara
RESPONDENT:	Richard Crookes Constructions Pty Ltd
Member:	John Isaksen
DATE OF DECISION:	23 September 2022
CATCHWORDS:	WORKERS COMPENSATION - Claim for weekly payments of compensation for injury to the lumbar spine; worker paid benefits for two years until respondent discovers evidence that injury may not have been sustained at work; Held – upon review of all available evidence worker did sustain an injury in the course of employment with the respondent; award of weekly payments of compensation for worker having no current work capacity.
determinations made:	1. The applicant sustained an injury to his lumbar spine in the course of his employment with the respondent on 14 June 2019. 2. The applicant’s employment was a substantial contributing factor to the injury he sustained on 14 June 2019. 3. The applicant has had no current work capacity since 17 September 2021.
orders made:	1. The respondent is to pay weekly payments of compensation to the applicant as follows: (a) $2,254.60 per week from 17 September 2021 to 30 September 2021 pursuant to s 37 (1) of the Workers Compensation Act 1987; (b) $2,282.90 per week from 1 October 2021 to 31 March 2022 pursuant to s 37 (1) of the Workers Compensation Act 1987; (c) $2,318.10 per week from 1 April 2022 to 12 May 2022 pursuant to s 37 (1) of the Workers Compensation Act 1987 ; and (d) $2,318.10 per week from 13 May 2022 to date and continuing pursuant to s 38 (6) of the Workers Compensation Act 1987.

STATEMENT OF REASONS

BACKGROUND

Mark Bechara, the applicant in these proceedings, claims that he sustained injury to his lumbar spine on the morning of 14 June 2019 while employed as a site supervisor for the respondent, Richard Crookes Constructions Pty Ltd, at a building site in Miller Street, North Sydney.
The respondent accepted liability for this injury and Mr Bechara was paid weekly payments of compensation until 17 September 2021. The respondent also met the cost of two operations performed on Mr Bechara’s lumbar spine, firstly a L4/5 microdiscectomy on
30 August 2019, and secondly a L5/S1 fusion and L4/5 disc replacement on
14 December 2020.
The insurer of the respondent, GIO, issued a dispute notice on 28 July 2021 wherein it disputed the claim made by Mr Bechara on the grounds that it was not satisfied that
Mr Bechara had sustained an injury in the course of his employment as he had claimed, but instead had sustained an injury to his lumbar spine in the late afternoon of 14 June 2019 while assisting a friend with renovations at her home.
Mr Bechara maintains that he did sustain an injury to his lumbar spine on the morning of
14 June 2019 while in the course of his employment with the respondent and seeks the reinstatement of weekly payments of compensation from 18 September 2021 onwards.
Mr Bechara…

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

Case: [2022] NSWPIC 526
Decision Date: 23 September 2022

CaseChat Overview and Summary

The case of Bechara v Richard Crookes Constructions Pty Ltd involved a claim by the plaintiff for weekly payments of compensation for an injury to the lumbar spine. The defendant, Richard Crookes Constructions Pty Ltd, had been paying the plaintiff benefits for two years until new evidence came to light suggesting that the injury may not have been sustained at work. The dispute was brought before the relevant court, which was required to determine whether the plaintiff's injury was work-related and whether the defendant should continue to pay the weekly compensation payments.

The primary legal issue the court had to decide was whether the plaintiff's lumbar spine injury was indeed sustained in the course of employment with the defendant. This required a thorough examination of the evidence presented by both parties, including medical reports, witness statements, and any other relevant documentation. The court also needed to consider the burden of proof and the standard of evidence required to establish the origin of the injury.

After reviewing all available evidence, the court concluded that the plaintiff had sustained the lumbar spine injury in the course of employment with the defendant. The court found that the evidence, when considered as a whole, supported the plaintiff's claim that the injury was work-related. As a result, the court determined that the defendant should continue to pay the weekly compensation payments to the plaintiff, given that the plaintiff had no current work capacity due to the injury. The court's decision was based on a careful assessment of the evidence and a determination that the plaintiff met the necessary criteria for ongoing compensation payments.

Orders