Do v Lucky Thanh Transport Pty Ltd - [2025] NSWPIC 340

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Do v Lucky Thanh Transport Pty Ltd [2025] NSWPIC 340
APPLICANT:	Van Thanh Do
RESPONDENT:	Lucky Thanh Transport Pty Ltd
MEMBER:	Fiona Seaton
DATE OF DECISION:	16 July 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly payments, medical expenses and lump sum compensation pursuant to section 66; whether applicant sustained injuries to his spine; left knee and bilateral shoulders; Held – applicant sustained disease injuries to his spine, left knee and left shoulder and a consequential right shoulder condition on deemed date of injury 21 August 2021; weekly payments and medical expenses payable; matter remitted to President for referral to a Medical Assessor to assess the degree of permanent impairment.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained disease injuries to his lumbar spine, thoracic spine, cervical spine, left knee and left shoulder for which his employment was the main contributing factor within the meaning of s 4(b) of the Workers Compensation Act 1987 (1987 Act). 2. The applicant has sustained a consequential right shoulder condition as the result of his left shoulder injury. 3. The deemed date of the applicant’s injury is 21 August 2021. 4. The applicant is entitled to the payment of weekly compensation from 21 August 2021 to 17 February 2024 at the pre-injury average weekly earnings rate of $1,001.26 subject to indexation in accordance with ss 36 and 37 of the 1987 Act. 5. The applicant is entitled to the payment of reasonably necessary medical or related expenses as a result of his injuries in accordance with s 60 of the 1987 Act on production of accounts, receipts and/or Medicare notice of charge. 6. The matter is to be remitted to the President for referral to a Medical Assessor for the assessment of whole person impairment of the applicant’s lumbar spine, left lower extremity (knee), left upper extremity (shoulder) and consequential right upper extremity (shoulder) in accordance with s 66 of the 1987 Act. The Commission orders: 7. The respondent to pay the applicant weekly compensation at the pre-injury average weekly earnings rate of $1,001.26 subject to indexation as follows; (a) 21 August 2021 to 30 September 2021 at $1,001.26 x 95% or $951.20, less current weekly earnings of $798.82, being $152.38 pursuant to s 36(2) of the 1987 Act; (b) 1 October 2021 to 30 October 2021 at $1,001.26 x 1.0119 or $1,013.17 rounded to $1,010 x 95%, or $959.50, less current weekly earnings of $798.82, being $160.68 pursuant to s 36(2) of the 1987 Act; (c) 1 November 2021 to 20 November 2021 at $1,010 x 95%, or $959.50, less current weekly earnings of $923.08, being $36.42 pursuant to s 36(2) of the 1987 Act; (d) 21 November 2021 to 30 March 2022 at $1,010 x 95%, or $959.50, less current weekly earnings of $923.08, being $36.42 pursuant to s 37(2) of the 1987 Act; (e) 1 April 2022 to 30 September 2022 at $1,010 x 1.0184 or $1,028.58 rounded to…

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: [2025] NSWPIC 340
Decision Date: 16 July 2025

CaseChat Overview and Summary

Do brought an application against Lucky Thanh Transport Pty Ltd in the Queensland Civil and Administrative Tribunal, seeking weekly payments, medical expenses, and lump sum compensation under the Workers Compensation Act 1987. Do contended that he sustained injuries to his spine, left knee, and bilateral shoulders while working for Lucky Thanh Transport, and sought compensation for these injuries. The respondent contested the claim, arguing that the applicant had not sustained the injuries as alleged or, in the alternative, that the injuries were not related to his employment.

The tribunal considered whether Do had sustained injuries to his spine, left knee, and bilateral shoulders on the deemed date of injury, which was 21 August 2021. The tribunal examined the medical evidence and determined that Do had sustained disease injuries to his spine, left knee, and left shoulder, and a consequential right shoulder condition on the deemed date of injury. The tribunal held that the applicant was entitled to weekly payments and medical expenses, but remitted the matter to the President for referral to a Medical Assessor to assess the degree of permanent impairment.

The tribunal found that the applicant's injuries were related to his employment and awarded weekly payments and medical expenses. The tribunal noted that the degree of permanent impairment had not been assessed, and therefore, remitted the matter to the President for referral to a Medical Assessor to assess the degree of permanent impairment. The tribunal did not make any orders in relation to the lump sum compensation, as the matter had not been fully argued before the tribunal.

Orders