| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | BOH v Engineering Solutions and Services Pty Ltd [2025] NSWPIC 34 |
| APPLICANT: | BOH |
| RESPONDENT: | Engineering Solutions and Services Pty Ltd |
| PRINCIPAL MEMBER: | John Harris |
| DATE OF DECISION: | 5 February 2025 |
| CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987; worker suffered injury in 2020 from fall from ladder; paid 173 weeks of compensation; dispute concerning nature of injuries sustained and ongoing effect of injuries; Commission not required to determine precise diagnosis of psychological condition: BFZ v Inner West Council and Wright v State of NSW applied; adverse credit findings based on misrepresentation in tax return and evidence, inconsistent histories to doctors; absence of evidence supporting ongoing effect of physical injuries; multiple doctors supported finding of somatic pain disorder caused by work injury; applicant did not establish no current work capacity; applicant had current work capacity in sedentary employment for a significant and majority of full-time hours; applicant’s entitlement to weekly compensation under section 38(3); section 38(3)(c) – discussion of principles; Roberts v University of Sydney applied; applicant did not establish that he is incapable of working additional hours that would increase earnings; no order for weekly compensation; Held – applicant entitled to general order under section 60 related to finding of ongoing psychological condition. |
| DETERMINATIONS MADE: | The Commission determines: Findings
Orders
|
STATEMENT OF REASONS
BACKGROUND
[BOH] (the applicant) was employed by Engineering Solutions and Services Pty Ltd (the respondent) and sustained injury in the course of his employment on
24 December 2020 when he fell off a ladder.The applicant seeks compensation pursuant to ss 38 and 60 of the Workers Compensation Act 1987 (the 1987 Act). The claim for past s 60 expenses was in the order of $48,000 and a future claim of $2,500 was made relating to future surgery to remove extruded discs and psychological treatment.
[BOH] was paid 173 weeks of weekly compensation for the work injury. The claim for weekly compensation is from 16 April 2024 to date…
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- AGLC
- BOH v Engineering Solutions and Services Pty Ltd [2025] NSWPIC 34
- Case
- [2025] NSWPIC 34
- Decision Date
CaseChat Overview and Summary
The Commission examined the evidence and found that the applicant did not establish that he was incapable of working additional hours that would increase earnings. The Commission noted that multiple doctors supported the finding of a somatic pain disorder caused by the work injury, but the absence of evidence supported the ongoing effect of the physical injuries. The Commission also found that the adverse credit findings were based on misrepresentation in the tax return and evidence, and inconsistent histories to doctors. The Commission applied the principles from BFZ v Inner West Council and Wright v State of NSW and held that it was not required to determine the precise diagnosis of the psychological condition. The Commission further applied the principles from Roberts v University of Sydney and held that the applicant did not establish that he is incapable of working additional hours that would increase earnings.
The Commission held that the applicant was entitled to a general order under section 60 related to the finding of an ongoing psychological condition. The Commission awarded the respondent in respect of the claim for weekly compensation pursuant to section 38 of the Workers Compensation Act 1987 and ordered that the respondent pay the applicant’s section 60 expenses based on a general order from 10 April 2024 to date and continuing related to the applicant’s psychological injury. The decision was to be de-identified prior to publication to include, at least, pseudonyms for the applicant and the associated companies.
Orders
Orders of the court
1. Award for the respondent in respect of the claim for weekly compensate\ion pursuant to s 38 of the Workers Compensation Act 1987.
2. The respondent pays the applicant’s s 60 expenses based on a general order from
10 April 2024 to date and continuing related to the applicant’s psychological injury.
3. There is liberty to apply in respect of any s 60 dispute.
4. Pursuant to rule Rule 132 of the Personal Injury Commission Rules, 2021 the decision be de-identified prior to publication to include, at least, pseudonyms for the applicant and the associated companies.
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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