Cain v I&C Homes Pty Ltd

[2025] NSWPIC 342

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Cain v I&C Homes Pty Ltd [2025] NSWPIC 342

APPLICANT:

Luke Cain

RESPONDENT:

I&C Homes Proprietary Limited

MEMBER:

Parnel McAdam

DATE OF DECISION:

16 July 2025

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; whether applicant suffered an injury as alleged; struck head on metal bar suffering a whiplash injury; was on worksite alone at the time; failed to report injury or attend general practitioner; symptoms deteriorated and eventually required surgery; sections 254 and 261; Held – applicant’s failure to notify injury and failure to make a claim occasioned by ignorance, mistake or other reasonable cause; applicant suffered an injury to the cervical spine as alleged; award of weekly compensation; matter referred for assessment of whole person impairment.

DETERMINATIONS MADE:

1. The applicant failed to notify of his injury before he voluntarily left employment but he has satisfied s 254(2) of the Workplace Injury Management and Workers Compensation Act 1998.

2.     The applicant failed to make a claim within six months after his injury occurred, but the failure was occasioned by ignorance, mistake or other reasonable cause.

3.     The applicant suffered an injury in the course of his employment to his cervical spine on 18 February 2023.

4.     Employment was a substantial contributing factor to that injury.

5. The respondent is to pay the applicant weekly compensation for the period 20 September 2024 to 23 November 2024 at the rate of $1,320 per week pursuant to section 36 of the Workers Compensation Act 1987.

6. The respondent is to pay the applicant weekly compensation pursuant to s 37 of the Workers Compensation Act 1987:  

(a)    for the period 24 November 2024 to 30 March 2025 at the rate of $1,112 per week, and

(b)    for the period 1 April 2025 to date and continuing at the rate of $1,120 per week (represented an indexed PIAWE figure of $1,400).

7. 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:

(a)    Date of injury: 18 February 2023

(b)    Body systems/parts:

(i)    Cervical spine, and

(c)    Method of assessment: whole person impairment

8.     The documents to be referred to the Medical Assessor are:

(a)    the Application and attached documents;

(b)    the Reply and attached documents;

(c)    Application to Lodge Additional Documents, lodged by the applicant on 13 June 2025, and

(d)    Application to Lodge Additional Documents, lodged by the respondent on 13 June 2025.

9.     Liberty to apply in respect of the weekly compensation benefits.

STATEMENT OF REASONS

BACKGROUND

1. Mr Cain was employed by the I&C Homes Pty Ltd (the respondent) as a carpenter. His duties involved general construction work. He alleges that on 18 February 2023, he injured his neck when he hit his head on a metal bar on some scaffolding.

2. This would generally be a straightforward issue to determine, but there are complications to this case. The first is…