Cayir v Woolworths Group Limited

CERTIFICATE OF DETERMINATION OF MEMBER 

Citation:

Cayir v Woolworths Group Limited [2023] NSWPIC 78

APPLICANT:

Umit Cayir

RESPONDENT:

Woolworths Group Limited

Member:

Michael Inglis

DATE OF DECISION:

3 March 2022

DATE OF AMENDMENT:

28 March 2023

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; whether applicant suffered injury in the form of a disease of gradual onset to the left and/or right upper extremities within the meaning of sections 15 and 16; whether injury resulted in permanent impairment; Held – the applicant suffers from a disease of gradual onset in his left upper extremity; the disease process was aggravated, accelerated, exacerbated or deteriorated in the course of his employment and his employment was the main contributing factor; the applicant has not established that he suffers from a disease of gradual onset in his right upper extremity; the applicant has not established that any condition that he may suffer from in his right upper extremity is permanent; matter referred to the President of the Personal Injury Commission for referral for medical assessment of permanent impairment of the left upper extremity.

determinations made:

1.     The applicant suffers from a disease of gradual onset in his left upper extremity namely recurrent ganglion and de Quervain’s tenosynovitis.

2.     The disease process was aggravated, accelerated, exacerbated or deteriorated in the course of his employment and his employment was the main contributing factor.

3.     The applicant has not established that he suffers from a disease of gradual onset in his right upper extremity.

4.     The applicant has not established that any condition that he may suffer from in his right upper extremity is permanent.

5.     Matter referred to the President for referral for medical assessment of permanent impairment of the left upper extremity.

6.     Material to be provided to the Medical Assessor:

(a)    Application to Resolve a Dispute and attachments;

(b)    Reply and attachments, and

(c)    Applications to Admit Late Documents and attachments.

STATEMENT OF REASONS

BACKGROUND

STATEMENT OF REASONS

BACKGROUND

1. Umit Cayir (the applicant) is presently aged 49 years.

2. At age 19, he commenced work at Coles in Figtree. His duties included moving large bakery pans, kneading dough, stock replenishment, cleaning, working ovens, donuts, icing and traying cookies.

3. During his employment with Coles Bakery, he experienced immense pain in his left wrist which he believed was due to the repetitive movement of his employment duties as a baker.

4. On 16 September 2018, he left Coles and began work with Woolworths Group Limited (the respondent). He was also employed there as a baker but described his work there as lighter.

5. He eventually ceased working with Woolworths after a comparatively short period of time.

6. Whilst working in the bakery at the Figtree store of Coles, the applicant developed an injury to his left wrist.

7. After leaving employment, the applicant made a claim for permanent impairment compensation on Coles by a letter from his solicitors dated 12 June 2019. He alleged a deemed date of injury to be 1 August 2009, which was the date he apparently…