Davis v Sonic Healthcare Group - [2024] NSWPIC 688

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Davis v Sonic Healthcare Group [2024] NSWPIC 688
APPLICANT:	Gabrielle Davis
RESPONDENT:	Sonic Healthcare Group
MEMBER:	John Isaksen
DATE OF DECISION:	11 December 2024
CATCHWORDS:	WORKERS COMPENSATION - Claim for weekly payments and medical expenses for injury to the right knee and consequential condition affecting the left hip; consideration of Wollongong Nursing Home P/L v Dewar and Gradan Bathrooms P/L v Workers Compensation Nominal Insurer; Held – worker has had various periods of partial and total incapacity as a result of the injury to the right knee and consequential condition affecting the left hip; award of weekly payments of compensation made accordingly.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant had no current work capacity from 12 December 2022 to 19 February 2023. 2. The applicant was partially incapacitated for work from 20 February 2023 to 28 May 2023. 3. The applicant had no current work capacity from 29 May 2023 to 9 July 2023. 4. The applicant was partially incapacitated for work from 10 July 2023 to 1 August 2023. 5. The applicant has had no current work capacity from 2 August 2023 to date and continuing. The Commission orders: 6. The respondent is to pay weekly benefits of compensation to the applicant as follows: (a) $1,388.50 per week from 12 December 2022 to 19 February 2023 pursuant to s 36 (1) of the Workers Compensation Act 1987 (the 1987 Act); (b) $594 per week from 20 February 2023 to 12 March 2023 pursuant to s 36 (2) of the 1987 Act; (c) $594 per week from 13 March 2023 to 31 March 2023 pursuant to s 37 (2) of the 1987 Act; (d) $651.50 per week from 1 April 2023 to 14 May 2023 pursuant to s 37 (2) of the 1987 Act; (e) $248 per week from 15 May 2023 to 28 May 2023 pursuant to s 37 (2) of the 1987 Act; (f) $1,217.60 per week from 29 May 2023 to 9 July 2023 pursuant to s 37 (1) of the 1987 Act; (g) $823 per week from 10 July 2023 to 1 August 2023 pursuant to s 37 (2) of the 1987 Act; (h) $1,217.60 per week from 2 August 2023 to 30 September 2023 pursuant to s 37 (1) of the 1987 Act; (i) $1,246.50 per week from 1 October 2023 to 31 March 2024 pursuant to s 37 (1) of the 1987 Act; (j) $1,268.80 per week from 1 April 2024 to 30 September 2024 pursuant to s 37 (1) of the 1987 Act, and (k) $1,294 per week from 1 October 2024 to date and continuing pursuant to s 37 (1) of the 1987 Act. 7. The respondent is to pay reasonably necessary expenses for medical or related treatment for the injury to the right knee and consequential condition affecting the left hip.

STATEMENT OF REASONS

BACKGROUND

Gabrielle Davis, the applicant in these proceedings, sustained an injury to her right knee on 26 October 2022.
Ms…

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.

Keep reading for free

Create a free CaseChat account to read Davis v Sonic Healthcare Group and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2024] NSWPIC 688
Decision Date: 11 December 2024

CaseChat Overview and Summary

In the matter of Davis v Sonic Healthcare Group, the claimant sought compensation for injuries sustained to their right knee and a consequential condition affecting their left hip. The dispute was heard and determined in the Workers Compensation Court of New South Wales. The plaintiff, a former employee of the defendant, alleged that the injuries arose out of and in the course of their employment, and as a result, they were entitled to weekly compensation payments and reimbursement of medical expenses.

The court was required to decide several legal issues, including whether the injuries were indeed work-related and whether the consequential condition was a direct result of the initial injury. The court also needed to determine the extent of the incapacity and the appropriate quantum of compensation payable. The legal principles guiding the court's decision included the relevant provisions of the Workers Compensation Act and relevant case law, particularly Wollongong Nursing Home P/L v Dewar and Gradan Bathrooms P/L v Workers Compensation Nominal Insurer, which provided precedents for assessing incapacity and consequential conditions.

After examining the evidence and applicable legal principles, the court found that the claimant's injuries were indeed work-related and that the consequential condition was a direct result of the injury to the right knee. The court held that the claimant had experienced various periods of partial and total incapacity due to the injuries and the consequential condition. Accordingly, the court awarded weekly payments of compensation, taking into account the periods of incapacity and the claimant's overall condition. The specific quantum of compensation was determined based on the extent and duration of the incapacity, as well as the claimant's earning capacity.

The court ordered that the defendant, Sonic Healthcare Group, pay the claimant weekly compensation payments in accordance with the findings. The defendant was also ordered to reimburse the claimant for the medical expenses related to the injuries and the consequential condition. This decision provides a clear framework for similar cases involving workers compensation claims and consequential conditions.

Orders