De La Rosa v Dominion Global Pty Ltd - [2023] NSWPIC 474

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	De La Rosa v Dominion Global Pty Ltd [2023] NSWPIC 474
APPLICANT:	Jefferson de la Rosa
RESPONDENT:	Dominion Global Pty Limited
MEMBER:	Paul Sweeney
DATE OF DECISION:	14 September 2023
CATCHWORDS:	WORKERS COMPENSATION - Claim for permanent impairment compensation; worker contracts malaria in the course of his employment in a Papua New Guinea; he alleges that the condition of trigeminal neuralgia results from injury; employer denies liability arguing that was no adequate evidence in the scientific literature to establish a causal nexus and there were alternative causes of trigeminal neuralgia; Seltsam Pty Limited v McGuiness considered; worker’s medical evidence posited possible mechanisms for a connection between injury and trigeminal neuralgia; worker’s medical case preferred; Held – finding that trigeminal neuralgia resulted from malaria; medical dispute remitted for assessment.
DETERMINATIONS MADE:	The Commission determines: 1. On or about 18 August 2020, the applicant contracted malaria arising out of and in the course of his employment with the respondent at Lihir Island in Papua New Guinea. 2. As a result of that injury the applicant developed the condition of trigeminal neuralgia. 3. Remit the matter to the President for referral to a Medical Assessor to certify the degree, if any, of whole person impairment as a result of the condition of trigeminal neuralgia. 4. Medical Assessor to have access to the Application, the Reply, the Application to Admit Late Documents and the documents attached to each together with a copy of these reasons.

STATEMENT OF REASONS

BACKGROUND

Jefferson de la Rosa (the applicant) was employed by Dominion Global Pty Limited (the respondent) as a trades assistant. In August 2020, he was required to perform maintenance work at a gold mine on Lihir Island in Papua New Guinea. On 19 August 2020, he developed a fever and headaches which was subsequently diagnosed as malaria.
When the applicant’s headaches and facial pain continued he was transferred to Pacific International Hospital in Port Moresby. On 28 August 2020, he returned to Australia and was treated at the Emergency Department of the Royal Brisbane and Women’s Hospital. While he was undertaking quarantine in Brisbane he developed increasing headaches and facial pain.
On 11 September 2020, the applicant left Brisbane and returned to Newcastle, New South Wales. While there was some amelioration of his symptomatology, the applicant had acute episodes of facial pain in October and November 2020. He was treated at Blacktown Hospital and at Ryde Hospital. He came under the care of Drs Dexter and Smail, both of whom are neurologists, and Dr Newcombe, a specialist in infectious diseases and microbiology.
It is common ground that the applicant suffered plasmodium vivax malaria arising out of and in the course of his employment with the respondent on Lihir Island. It is also accepted by the respondent’s qualified specialist that the applicant suffers from trigeminal neuralgia.
The applicant maintains that the trigeminal neuralgia results from the malaria. The respondent, however, denies that trigeminal neuralgia results from injury.

PROCEDURE BEFORE THE PERSONAL…

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: [2023] NSWPIC 474
Decision Date: 14 September 2023

CaseChat Overview and Summary

The case of De La Rosa v Dominion Global Pty Ltd involves a worker who contracted malaria in the course of his employment in Papua New Guinea, subsequently developing trigeminal neuralgia. The worker sought compensation for permanent impairment, claiming the condition resulted from the malaria infection. Dominion Global Pty Ltd, the employer, contested the claim, arguing that there was insufficient scientific evidence to establish a causal link between the malaria and the trigeminal neuralgia, and that there were alternative causes for the latter condition. The matter was heard in the relevant workers compensation tribunal.

The central legal issue before the tribunal was whether the worker's trigeminal neuralgia was a result of the malaria contracted during employment. The tribunal had to determine whether the worker's medical evidence was sufficient to establish a causal link, despite the employer's contention that such a link was not adequately supported by scientific literature. The tribunal also needed to consider whether alternative causes for the trigeminal neuralgia could be ruled out.

The tribunal carefully examined the medical evidence presented by both parties. It noted that the worker's medical experts provided possible mechanisms for how the malaria could have led to trigeminal neuralgia, which the tribunal found persuasive. The tribunal rejected the employer's argument that the scientific literature did not support a causal nexus, holding that the worker's medical case provided a credible explanation for the condition. The tribunal found that the trigeminal neuralgia resulted from the malaria and remitted the matter for an assessment of the appropriate compensation.

The tribunal ordered that the matter be remitted for an assessment of the appropriate compensation for the worker's permanent impairment due to trigeminal neuralgia.

Orders