| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Bond v Blacktown Area Community Centres Incorporated [2025] NSWPIC 453 |
| APPLICANT: | Doreen Bond |
| RESPONDENT: | Blacktown Area Community Centres Inc. |
| MEMBER: | Catherine McDonald |
| DATE OF DECISION: | 3 September 2025 |
CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); permanent impairment compensation assessed and medical appeal undertaken; proceedings discontinued by consent before compensation paid; application for reconsideration of certificate of determination and medical assessment certificate to allow for assessment of additional claims; principles relevant to reconsideration; Samuel v Sebel Furniture, and Inner West Council v McQuade; availability of medical appeal; Sleiman v Gadalla Pty Ltd, and Lovelee v Sydney International Container Terminals; need for claim and medical dispute; Skates v Hills Industries; one assessment; section 322A of the 1998 Act, Singh v B & E Poultry Holding Pty Ltd, and Secretary, Department of Education v Connolly; Held – reconsideration not possible in respect of claims not previously made; reconsideration in respect of remaining claim declined in exercise of discretion. |
| DETERMINATIONS MADE: | The Commission determines: 1. The application to reconsider the Certificate of Determination dated 17 July 2023 is granted. 2. I set aside the Certificate of Determination dated 17 July 2023. 3. The application to reconsider the Medical Assessment Certificate is declined. 4. Pursuant to s 66 of the Workers Compensation Act 1987 the respondent is to pay the applicant $179,025 in respect of 50% whole person impairment. 5. I grant liberty to apply in the event that the calculation in order 4 is incorrect. A statement is attached setting out the Commission’s reasons for the determination. |
STATEMENT OF REASONS
BACKGROUND
Doreen Bond was employed by Blacktown Area Community Centres Inc (Blacktown) when she suffered an injury on 16 May 2016. Ms Bond tripped, striking her head on a brick pillar. She suffered multiple injuries and, in the years since, has undergone extensive surgery.
Ms Bond claimed permanent impairment compensation in 2022. She commenced proceedings in the Personal Injury Commission (Commission). Dr Anderson, a Medical Assessor was asked to assess her cervical spine, right upper extremity, lumbar spine, right lower extremity, left lower extremity and scarring. On 29 September 2022 the Medical Assessor issued a Medical Assessment Certificate (MAC) in which he assessed 50% whole person impairment (WPI).
Ms Bond lodged an appeal against the medical assessment. While the Appeal Panel allowed the appeal and revoked the MAC, the overall assessment of 50% WPI did not change. The Appeal Panel issued its decision, including a new MAC, on 29 May 2023.[1]
Before orders were made giving effect to the determination of the Appeal Panel, a Member of the Commission issued a Certificate of Determination (COD) by consent on 17 July 2023 stating that the proceedings were discontinued and noting that no COD had been issued with respect to WPI.
On 12 March 2024, in matter W720/24,…
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- Case
- [2025] NSWPIC 453
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were centered around the principles governing reconsideration of certificates of determination and medical assessment certificates under the Workers Compensation Act. The court had to determine whether the applicant's grounds for reconsideration, namely the deterioration of her condition and the availability of additional relevant information, warranted a reconsideration of the MAC. Additionally, the court had to consider the statutory requirement for a single assessment of whole person impairment (WPI), as highlighted in Singh v B & E Poultry Holding Pty Ltd and Secretary, Department of Education v Connolly. The court also had to balance the need to ensure just, quick, and cost-effective resolution of real issues in the proceedings, as outlined in section 42 of the 2020 Act, against the principle that litigation should not proceed interminably.
In its decision, the court found that reconsideration was not possible for claims not previously made. However, the court exercised its discretion to set aside the COD to ensure that the applicant could recover compensation for injuries that had been accepted and assessed. The court concluded that the MAC should not be reconsidered, as this would not align with the statutory requirement for a single assessment of WPI. The court emphasised the importance of adhering to the guiding principle of facilitating the just, quick, and cost-effective resolution of real issues in proceedings. The court's decision was guided by the principles set out in Hilliger v Hilliger, which highlight the power of the court to entertain an application for variation or rescission so long as the original order is current.
The final orders of the court were to set aside the certificate of determination in respect of the applicant's right knee and to decline reconsideration of the medical assessment certificate. The court's decision ensures that the applicant can recover compensation for injuries that have been assessed, while also adhering to the statutory requirement for a single assessment of whole person impairment. The court's exercise of discretion in setting aside the COD reflects the need for a just resolution of the real issues in the proceedings, while declining reconsideration of the MAC upholds the principle of a single assessment of WPI.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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