Carter v Sodexo Australia Pty Ltd - [2025] NSWPIC 536

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Carter v Sodexo Australia Pty Ltd [2025] NSWPIC 536
APPLICANT:	Peter Mark Carter
RESPONDENT:	Sodexo Australia Pty Ltd
MEMBER:	Fiona Seaton
DATE OF DECISION:	9 October 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for lump sum compensation; whether applicant sustained lumbar spine injury and/or consequential bilateral hip injuries in addition to accepted right knee injury; Held – the applicant sustained a lumbar spine injury on 14 February 2017 and consequential injury to both hips; claim for lump sum compensation to be remitted to the President for referral to a Medical Assessor.
DETERMINATIONS MADE:	The Personal Injury Commission determines: 1. The applicant sustained a lumbar spine injury in addition to the accepted right knee injury on 14 February 2017 in accordance with ss 4 and 9A of the Workers Compensation Act 1987. 2. The applicant sustained consequential injury to both hips as a result of the injury on 14 February 2017. 3. The applicant’s claim for whole person impairment is to be 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; Date of injury: 14 February 2017. Body systems/parts: right lower extremity (knee, hip), left lower extremity (hip), and lumbar spine. Method of assessment: whole person impairment. 4. The documents to be reviewed by the Medical Assessor are: (a) Application to Resolve a Dispute and attached documents; (b) Reply and attached documents, and (c) applicant’s Application to Lodge Additional Documents dated 27 May 2025 and attached documents. 5. The matter is to be listed for a further preliminary conference to deal with the applicant’s claim for weekly benefits and medical or related expenses if appropriate following the completion of the medical assessment process. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

Mr Carter, the applicant, was employed as a full time high cleaner by the respondent at a nursing home for close to five years at the time of his 2017 injury.
On 14 February 2017 the applicant turned and twisted his right knee when he collided with a co-worker in his manager’s office. He lodged a claim on 15 February 2017 and the claim was disputed on 18 April 2017. The dispute was maintained following internal reviews on
13 September 2017 and 14 July 2021.
The applicant claimed lump sum compensation for 33% permanent impairment of his right knee, lumbar spine and consequential injury to both hips on 9 February 2023. This claim was disputed on 22 February 2023.
A dispute notice was issued under s 78 of the Workplace Injury Management and Workers Compensation Act 1998 on 28 May 2024 with respect to both knees, the lumbar spine and consequential injury to both hips.
On 21 May 2025 the applicant claimed weekly payments and medical expenses as a result of the injury on 14 February 2017.
The applicant lodged an…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWPIC 536
Decision Date: 9 October 2025

CaseChat Overview and Summary

In the case of Carter v Sodexo Australia Pty Ltd, the applicant sought a determination regarding a claim for lump sum compensation under the Workers Compensation Act 1987. The applicant, Carter, argued that in addition to a right knee injury, he had sustained a lumbar spine injury and consequential bilateral hip injuries during his employment with Sodexo Australia Pty Ltd. The dispute was heard and determined in the Workers Compensation Regulatory Authority.

The primary legal issue before the court was whether the applicant had sustained a lumbar spine injury and/or consequential bilateral hip injuries in addition to the accepted right knee injury. The court had to assess the evidence presented by both parties, including medical reports and testimonies, to determine the extent of the injuries sustained by the applicant.

The court found that the applicant did indeed sustain a lumbar spine injury on 14 February 2017, along with consequential injury to both hips. The evidence provided supported the applicant's claim that these injuries were a result of his employment with Sodexo Australia Pty Ltd. Consequently, the court remitted the claim for lump sum compensation to the President for referral to a Medical Assessor to assess the appropriate compensation for the injuries sustained.

Orders