Brewster v Proline Pumping Pty Limited

[2010] NSWWCCPD 32

WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:		Brewster v Proline Pumping Pty Limited [2010] NSWWCCPD 32
APPELLANT:		Liam John Brewster
RESPONDENT:		Proline Pumping Pty Limited
INSURER:		CGU Workers Compensation (NSW) Limited
FILE NUMBER:		A1-4266/09
ARBITRATOR:		Mr M Douglas
DATE OF ARBITRATOR’S DECISION:		19 November 2009
DATE OF APPEAL DECISION:		31 March 2010
SUBJECT MATTER OF DECISION:		Section 67 of the Workers Compensation Act 1987; adequacy of reasons; alleged errors in fact finding.
PRESIDENTIAL MEMBER:		Acting Deputy President Michael Snell
HEARING:		On the papers
REPRESENTATION:		Appellant: Peninsula Law
Respondent: Sparke Helmore
ORDERS MADE ON APPEAL:		The decision of the Arbitrator dated 19 November 2009 is confirmed.
No order as to costs of this appeal.

BACKGROUND TO THE APPEAL

1. On 17 December 2009 Liam John Brewster (‘the Appellant Worker’) sought leave to bring an ‘Appeal Against Decision of Arbitrator’ in the Workers Compensation Commission (‘the Commission’) against a decision, dated 19 November 2009.

1. The Respondent to the Appeal is Proline Pumping Pty Limited (‘the Respondent Employer’).

1. The proceedings arise from an accident on 10 July 2006, further described below. The Appellant Worker was 21 years of age at that time, and is now 25. He is right handed. He commenced employment with the Respondent Employer as a concrete pump linesman in about February 2006.

1. On 10 July 2006 the Appellant Worker was working on the second floor of a building site at Vaucluse. He fell to the ground, a distance described variously as between seven and nine metres, landing on a pile of broken bricks and steel. He suffered multiple injuries. He states he was not knocked unconscious. He was taken by ambulance to St Vincent’s Hospital. A fracture of the left thumb was detected, and he was discharged home with a back slab on the left hand. He returned to St Vincent’s Hospital on 13 July 2006. A CT scan of the right knee on that date is reported as demonstrating “an undisplaced, slightly comminuted fracture of the posteromedial aspect of the patella”.

1. The Appellant Worker’s statement records a number of injuries, including the fracture of the left thumb, injury to the right knee, low back injury, a fracture involving the right foot, cuts and grazes to the head, blunt injury to the chest and abdomen, and a puncture wound to the right thigh. He also states he developed a post-traumatic/depressive psychological condition. His claim for compensation was voluntarily accepted by the Respondent Employer. There is no dispute as regards the Appellant Worker’s entitlement to weekly compensation, or the payment of medical expenses.

1. The Appellant Worker came under the care of Dr Tavakoli, a hand surgeon, at St Vincent’s Hospital. On 26 July 2006 he underwent surgery involving closed reduction of the left thumb fracture, and fixation with two K-wires. He was discharged on the same date. He subsequently attended the Hand Clinic at St Vincent’s hospital.

1. On 9 August 2006 Dr Woodgate, an orthopaedic surgeon at St Vincent’s hospital, recorded…