BOH v Engineering Solutions and Services Pty Ltd

[2025] NSWPIC 34

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

1. At all times since April 2024 the applicant suffers from a psychiatric condition caused by the work injury from 10 April 2024.
2. Save as to the finding of ongoing psychological injury, the applicant has not established that the work injury caused the disputed injuries referenced in these reasons.
3. At all times since April 2024 the applicant has had current work capacity.
4. The applicant has not established the statutory pre-condition in s 38(3)(c) of the Workers Compensation Act 1987.

Orders

5. Award for the respondent in respect of the claim for weekly compensate\ion pursuant to s 38 of the Workers Compensation Act 1987. 
6. 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.
7. There is liberty to apply in respect of any s 60 dispute.
8. 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.

STATEMENT OF REASONS

BACKGROUND

1. [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.

2. 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.

3. [BOH] was paid 173 weeks of weekly compensation for the work injury. The claim for weekly compensation is from 16 April 2024 to date…