| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Davis v MTEC Mechanical Services Pty Ltd [2025] NSWPIC 525 |
| APPLICANT: | Brooke Davis |
| RESPONDENT: | MTEC Mechanical Services Pty Ltd |
| MEMBER: | Michael Wright |
| DATE OF DECISION: | 3 October 2025 |
CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987; claim for proposed spinal surgery; section 60 dispute; causation; factual issues considered; Kooragang Cement Ltd v Bates considered; Held – proposed surgery reasonably necessary as a result of subject injury. |
| DETERMINATIONS MADE: | The Personal Injury Commission (Commission) determines: 1. The surgery proposed by Dr Ferch, being “spinal decompression, laminectomy, vertebrectomy or pos, fixation of motion segment with pedicle screws - 1 segment, spinal fusion, posterior/anterior - 1 segment, spine bone graft - 1 segment” (the proposed surgery) is reasonably necessary as a result of the injury on 24 February 2022. 2. Pursuant to s 60 of the Workers Compensation Act 1987, respondent is to pay for the costs of, and associated with, the proposed surgery. A brief statement is attached setting out the Commission’s reasons for the determination. |
STATEMENT OF REASONS
BACKGROUND
On 24 February 2022, Ms Brooke (the applicant) in the course of her employment as a heavy vehicle mechanic with MTEC Mechanical Services Pty Ltd (the respondent) was struck on the face by a chain that had broken while lifting an 8tonne truck engine into a large truck. She fell backwards from a height of 2m. The applicant suffered dental and facial injuries, psychological injury (post-traumatic stress disorder) and injury to her lumbar spine. There was no dispute as to injury.
The applicant claims in these proceedings for the proposed costs of surgery in the form of an L4/5 lumbar discectomy and fusion, as recommended by Dr Ferch, treating neurosurgeon. The respondent disputed that the recommended surgery was reasonably necessary as a result of the injury.
PROCEDURE BEFORE THE PERSONAL INJURY COMMISSION
I am satisfied that the parties to the dispute understand the nature of the application and the legal implications of any assertion made in the information supplied. I have used my best endeavours in attempting to bring the parties to the dispute to a settlement acceptable to all of them. I am satisfied that the parties have had sufficient opportunity to explore settlement and that they have been unable to reach an agreed resolution of the dispute.
At the conciliation/arbitration hearing of this matter, the applicant was represented by
Mr Morgan of counsel, and the respondent by Ms Goodman of counsel.
EVIDENCE
Documentary evidence
The following documents were in evidence before the Personal Injury Commission (Commission) and considered in making this determination:
(a) Application to Resolve a Dispute (the Application) and attached documents;
(b) Reply and attached documents, and
(c) Applications to Lodge Additional Documents, dated 31 July 2025 and
22 August 2025, and attached documents.
Oral evidence
There was no oral evidence.
Documents
The applicant provided a statement dated 20 June 2025.
She described the accident on 24 February 2022 and subsequent dental treatment, with eight oral surgeries including dental implants,…
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- AGLC
- Davis v MTEC Mechanical Services Pty Ltd [2025] NSWPIC 525
- Case
- [2025] NSWPIC 525
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed spinal surgery was reasonably necessary as a consequence of the work-related injury. The court needed to determine if there was a causal link between the injury and the necessity of the surgery, and if the surgery was indeed reasonably necessary. This involved examining the factual circumstances of the injury, the medical evidence provided, and whether the surgery was in line with the provisions of the Workers Compensation Act 1987.
The court carefully reviewed the evidence presented, including the medical reports and expert opinions, to ascertain whether the proposed surgery was a reasonable and necessary consequence of the injury. It applied the principles from the case of Kooragang Cement Ltd v Bates, which provided guidance on determining causation in workers' compensation claims. After thorough consideration, the court concluded that the proposed surgery was reasonably necessary as a result of the subject injury. Therefore, the claim for compensation was upheld.
The final orders of the court were that MTEC Mechanical Services Pty Ltd was liable to compensate Davis for the proposed spinal surgery and any related medical expenses. The decision was based on the finding that the surgery was reasonably necessary as a result of the injury sustained during employment.
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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