Del Caro v Transport for NSW - [2025] NSWPIC 181

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Del Caro v Transport for NSW [2025] NSWPIC 181
APPLICANT:	Silvia Del Caro
RESPONDENT:	Transport for NSW
MEMBER:	Adam Halstead
DATE OF DECISION:	30 April 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly compensation pursuant to section 33 and for medical expenses pursuant to section 60; Held – frank injury to left knee found to have arisen from falling; alternatively left knee condition was a disease injury contracted from the nature of duties; left wrist injury consequential to left knee collapsing; respondent liable for left knee and left wrist conditions; weekly compensation payable; general order for medical expenses related to those injuries.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant injured her left knee in the course of employment on 9 July 2022. 2. Alternatively, the applicant contracted a disease injury in her left knee while performing duties for the respondent over many years, where her employment was the main contributing factor. 3. The applicant’s left wrist was injured on 11 May 2023 as a consequence of her left knee injury and its collapse that caused her to fall to the ground. 4. General order pursuant to s 60 of the Workers Compensation Act 1987 for medical and related treatment expenses for the left knee and left wrist injuries. 5. Within 14 days of the date of this determination, the parties have liberty to apply for this matter to be restored for further conference on the issue on pre-injury average weekly earnings and weekly compensation payable. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

The applicant, Silvia Del Caro, had been employed by the respondent, Transport for New South Wales, since 2005, including most recently as a train guard. While travelling in the guard’s compartment of a moving train on 9 July 2022, the applicant lost balance as the train swayed and she fell forward onto the guard’s chair. She experienced pain in her left knee when it contacted the ground during the fall. A claim was made for weekly compensation and expenses associated with medical treatment related to injury of the applicant’s left knee. Liability for the injury is disputed by the respondent.
On 11 May 2023, the applicant fell onto the ground while shopping, injuring her left wrist. She asserts that fall and injury was caused by her left knee collapsing. Compensation was also claimed by the applicant on the basis her left wrist injury was consequential to the left knee injury. That claim is also disputed by the respondent.
The applicant lodged an Application to Resolve a Dispute (ARD) at the Personal Injury Commission (Commission) on 27 November 2024 that initiated these proceedings.

PROCEDURE BEFORE THE PERSONAL INJURY COMMISSION

The matter was before the Commission for arbitration hearing on 20 March 2025.
Mr McManamey of counsel, instructed by Ms Panju of Turners Freeman Lawyers, appeared for the applicant, who was also present. The respondent was represented by…

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.

Continue reading Del Caro v Transport for NSW

Details

AGLC: Del Caro v Transport for NSW [2025] NSWPIC 181
Case: [2025] NSWPIC 181
Decision Date: 30 April 2025

CaseChat Overview and Summary

The case of Del Caro v Transport for NSW involved a claim for workers' compensation brought by the applicant, Del Caro, against the respondent, Transport for NSW. The applicant alleged that injuries sustained during the course of their employment, specifically to their left knee and wrist, arose out of and in the course of their employment. The matter was heard in the Dust Diseases Tribunal of New South Wales.

The central legal issues before the court were whether the left knee injury was a frank injury that arose from a fall, or whether it constituted a disease injury contracted from the nature of the duties performed. Additionally, the court had to determine whether the left wrist injury was a consequence of the left knee injury, and thus compensable under the Workers Compensation Act 1987. The respondent argued that the injuries were not work-related and therefore not compensable.

The court found that the left knee injury was indeed a frank injury resulting from a fall, and that the left wrist injury was a direct consequence of the left knee collapsing. The court further determined that the left knee condition was a disease injury contracted from the nature of the applicant's duties. Consequently, the respondent was held liable for both the left knee and left wrist conditions. The court ordered that weekly compensation be payable to the applicant and made a general order for medical expenses related to the injuries.

Orders