Biffin v Scientrific Pty Ltd - [2024] NSWPIC 479

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Biffin v Scientrific Pty Ltd [2024] NSWPIC 479
APPLICANT:	Teresa Mary Biffin
RESPONDENT:	Scientrific Pty Ltd
MEMBER:	Fiona Seaton
DATE OF DECISION:	28 August 2024
DATE OF AMENDED DECISION:	7 November 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly payments and lump sum compensation; accepted injury to right shoulder and bilateral wrists; disputed injury to left shoulder and cervical spine; whether applicant has no current work capacity and whether bookkeeper role is suitable employment; Held – the applicant sustained injuries to her left shoulder and cervical spine; the applicant has no current work capacity; the respondent is to pay weekly benefits compensation; matter remitted to the President for referral to a Medical Assessor for assessment of permanent impairment.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained injuries to her cervical spine and left shoulder in the course of employment with a deemed date of injury of 12 June 2018 pursuant to s 4(b)(ii) of the Workers Compensation Act 1987 (the 1987 Act). 2. The applicant’s claim for lump sum compensation is to be remitted to the President for referral to a Medical Assessor for assessment. 3. The applicant has no current work capacity from 22 January 2021 resulting from injuries sustained in the course of employment and is likely to continue indefinitely to have no current work capacity. 4. The applicant has entitlements to weekly payments of compensation pursuant to s 37 of the 1987 Act from 22 January 2021 to 30 July 2023 at the rate of $694 (subject to indexation). The Commission orders: 1. 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: 12 June 2018 (deemed). Body systems/parts: right upper extremity (shoulder, wrist); left upper extremity (shoulder, wrist); and cervical spine. Method of assessment: whole person impairment. 2. The documents to be reviewed by the Medical Assessor are: (a) Application to Resolve a Dispute and attached documents, (b) Reply and attached documents, and (c) This Certificate of Determination. 3. The respondent is to pay the applicant weekly benefits compensation pursuant to s 38 of the 1987 Act as follows; (a) $555.20 from 22 January 2021 to 31 March 2021; (b) $560.00 from 1 April 2021 to 30 September 2021, (c) $566.40 from 1 October 2021 to 31 March 2022; (d) $576.80 from 1 April 2022 to 30 September 2022; (e) $596.00 from 1 October 2022 to 31 March 2023, and (f) $620.80 from 1 April 2023 to 20 July 2023. 4. The parties have 14 days liberty to apply with respect to the calculation of indexation of the weekly compensation amounts referred to above. 5. The respondent will pay the applicant the sum of $47,710 pursuant to s 66 in respect of 19% whole person impairment caused by injuries to the right upper extremity (shoulder, wrist): left upper extremity…

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

AGLC: Biffin v Scientrific Pty Ltd [2024] NSWPIC 479
Case: [2024] NSWPIC 479
Decision Date: 28 August 2024

CaseChat Overview and Summary

The case of Biffin v Scientrific Pty Ltd involves a workers compensation claim brought by the applicant against the respondent, Scientrific Pty Ltd, before the NSW Civil and Administrative Tribunal. The applicant claims entitlement to weekly payments and lump sum compensation following injuries sustained in the course of her employment. The injuries in question include accepted injuries to the right shoulder and bilateral wrists, as well as disputed injuries to the left shoulder and cervical spine. The respondent contests the applicant's claim for compensation relating to the disputed injuries, arguing that they either did not occur or are not work-related.

The primary legal issues before the Tribunal were whether the applicant sustained injuries to her left shoulder and cervical spine, whether she currently has no work capacity, and whether the bookkeeper role offered by the respondent constitutes suitable employment. The applicant argued that her injuries were work-related and that she was unable to perform any work due to the severity of her injuries. The respondent, on the other hand, argued that the applicant had not sustained the injuries claimed or that, if she had, they were not work-related.

The Tribunal found that the applicant had sustained injuries to her left shoulder and cervical spine, which were work-related. It was determined that the applicant currently has no work capacity and is therefore entitled to weekly benefits compensation. The Tribunal found that the bookkeeper role offered by the respondent was not suitable employment for the applicant due to her physical limitations. The matter was remitted to the President for referral to a Medical Assessor for assessment of permanent impairment. The Tribunal ordered that the respondent is to pay the applicant weekly benefits compensation and that the assessment of permanent impairment be conducted by a Medical Assessor.

In summary, the Tribunal found in favour of the applicant on the disputed injuries and the entitlement to weekly benefits compensation. The matter was remitted for assessment of permanent impairment.

Orders