| DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY A MEMBER | |
CITATION: | Classic Carpentry Services Pty Ltd v Tideswell [2024] NSWPICPD 43 |
APPELLANT: | Classic Carpentry Services Pty Ltd |
RESPONDENT: | Peter Tideswell |
INSURER: | Employers Mutual NSW Limited |
FILE NUMBER: | A1-W4027/23 |
PRESIDENTIAL MEMBER: | Acting Deputy President Geoffrey Parker SC |
DATE OF APPEAL DECISION: | 5 August 2024 |
ORDERS MADE ON APPEAL: | 1. Pursuant to s 352(3A) of the Workplace Injury Management and Workers Compensation Act 1998 grant leave to the appellant to pursue the appeal. 2. Grant the appellant leave to rely on additional grounds 5 and 6 of the appeal. 3. Dismiss the appeal. 4. The Member’s Certificate of Determination dated 21 September 2023 is confirmed. |
CATCHWORDS: | WORKERS COMPENSATION – leave to appeal; s 352(3A) of the Workplace Injury Management and Workers Compensation Act 1998 – whether worker sustained injury to the cervical spine – Member’s consideration of medical reports – procedural fairness – adequacy of reasons |
HEARING: | On the papers |
REPRESENTATION: | Appellant: |
| Mr J Krieg, solicitor | |
| Turks Legal | |
| Respondent: | |
| Mr B McManamey, counsel | |
| Law Partners Personal Injury Lawyers | |
DECISION UNDER APPEAL | |
MEMBER: | Ms J Snell |
DATE OF MEMBER’S DECISION: | 21 September 2023 |
INTRODUCTION
This is an appeal by Classic Carpentry Services Pty Limited (Classic Carpentry/the appellant) in respect of a Certificate of Determination issued on 21 September 2023.
Mr Tideswell (the respondent) was employed by the appellant as a carpenter. On 2 April 2019 he sustained multiple injuries while working on the installation of a staircase. One of two levels collapsed onto him. The appellant accepted liability for injuries to the left knee, left shoulder, right elbow and right shoulder.
The respondent worker claimed lump sum compensation for 39% whole person impairment in relation to both upper extremities (left shoulder, right elbow and right shoulder), the left lower extremity (left knee), the cervical spine and scarring. By a s 78 notice, the appellant disputed liability for any injury to the cervical spine.
The matter came on for hearing before the Personal Injury Commission (the Commission) on 28 August 2023.
The issues between the parties were identified by the Member in the following terms:
(a) whether Mr Tideswell sustained injury to his cervical spine on 2 April 2019 in the course of his employment with Classic Carpentry, with employment being a main contributing factor to the injury; and/or
(b) whether Mr Tideswell sustained a consequential condition in his cervical spine resulting from injury sustained on 2 April 2019 in the course of his employment with Classic Carpentry; and
(c) the percentage of whole person impairment sustained by Mr Tideswell resulting from injuries sustained on 2 April 2019 in the course of his employment with Classic Carpentry.
On 21 September 2023 the Member issued the Certificate of Determination which provided as follows:
“1. The [respondent] sustained injury to his cervical spine on 2 April 2019 in the course of his employment with the [appellant]. The [respondent’s] employment is the main contributing factor to injury.
2. Award for the [appellant] in…
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- AGLC
- Classic Carpentry Services Pty Ltd v Tideswell [2024] NSWPICPD 43
- Case
- [2024] NSWPICPD 43
- Decision Date
CaseChat Overview and Summary
The legal issues before the court encompassed the interpretation of the statutory provisions concerning workers' compensation, the procedural fairness in the tribunal's handling of the case, and the sufficiency of the tribunal's reasons for its findings. Central to the court's deliberation was whether the tribunal had correctly considered the medical evidence and whether its decision-making process complied with the principles of procedural fairness. The court also scrutinised the tribunal's reasoning to determine if it was sufficiently detailed to justify the conclusions reached.
In reaching its decision, the court found that the tribunal had appropriately considered the medical reports and that the process adhered to the principles of procedural fairness. However, the court determined that the tribunal's reasons for its findings were inadequate. The tribunal had not sufficiently explained how it arrived at its conclusions based on the evidence presented. Consequently, the court concluded that the tribunal's decision lacked the necessary detail and clarity to meet the standards of procedural fairness and the adequacy of reasons required by the Act. This oversight led to the court granting leave to appeal, directing the tribunal to reconsider the matter with a more comprehensive articulation of its reasoning.
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
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Ratio Decidendi
Legal Principle Established
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