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Eid v Edmen Workforce Staffing Services Pty Ltd

Eid v Edmen Workforce Staffing Services Pty Ltd

Case [2024] NSWPIC 647 21 November 2024

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CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Eid v Edmen Workforce Staffing Services Pty Ltd [2024] NSWPIC 647
APPLICANT:	Chady Eid
RESPONDENT:	Edmen Workforce Staffing Services Pty Ltd
MEMBER:	John Isaksen
DATE OF DECISION:	21 November 2024
CATCHWORDS:	WORKERS COMPENSATION - Claim for permanent impairment for injury to right upper limb; injury or consequential condition to cervical spine; consequential condition to the left shoulder; scarring; Complex Regional Pain Syndrome (CRPS); respondent disputes injury or consequential condition to cervical spine, consequential condition to the left shoulder and CRPS; consideration of Moon v Conmah Pty Ltd on determination of consequential conditions; consideration of Elsworthy v Forgacs Engineering Pty Ltd as to whether the condition of CRPS can be the subject of referral to a Medical Assessor; Held – the worker did not sustain an injury to his cervical spine in the course of his employment with the respondent; the worker has suffered consequential conditions affecting his cervical spine and left shoulder as a result of injury to his right upper limb; the worker has signs and symptoms in the right upper limb which warrant a referral for assessment of CRPS pursuant to the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4^th ed.
DETERMINATIONS MADE:	The Commission determines: 1. An award for the respondent on the claim made by the applicant that he sustained an injury to his cervical spine on 9 August 2017. 2. The applicant has suffered a consequential condition affecting his cervical spine as a result of the injury he sustained to his right upper limb on 9 August 2017. 3. The applicant has suffered a consequential condition affecting his left shoulder as a result of the injury he sustained to his right upper limb on 9 August 2017. 4. The applicant has signs and symptoms in the right upper limb which warrant the referral to a Medical Assessor for the assessment of whole person impairment for the condition of Chronic Regional Pain Syndrome. The Commission orders: 5. This matter is remitted to the President for referral to a Medical Assessor as follows: Date of injury 9 August 2017 Body Parts Right upper extremity (shoulder, elbow) Cervical spine as a consequential condition Left upper extremity (shoulder) as a consequential condition Scarring (TEMSKI) Complex Regional Pain Syndrome (CRPS). 6. The following documents are to be forwarded to the Medical Assessor: (a) Application to Resolve a Dispute with attachments; (b) Reply with attachments, and (c) a copy of this decision.

STATEMENT OF REASONS

BACKGROUND

Chady Eid, the applicant in these proceedings, makes a claim for a lump sum payment pursuant to s 66 of the Workers Compensation Act (the 1987 Act) for 56% whole person impairment (WPI) as a result of an injury he sustained in the course of his employment as a labourer with the respondent, Edmen Workforce Staffing Solutions Pty Ltd, on 9 August 2017.
The claim for 56% WPI is based on an assessment made by Dr Assem, rehabilitation specialist, in a report dated 23…

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 Eid v Edmen Workforce Staffing Services Pty Ltd

Details

AGLC: Eid v Edmen Workforce Staffing Services Pty Ltd [2024] NSWPIC 647
Case: [2024] NSWPIC 647
Decision Date: 21 November 2024

CaseChat Overview and Summary

The applicant in this workers compensation claim, Mr. Eid, sought damages for a range of injuries sustained during his employment with the respondent, Edmen Workforce Staffing Services Pty Ltd. The primary issues were whether Mr. Eid's injuries to his right upper limb, cervical spine, left shoulder, and the presence of scarring and Complex Regional Pain Syndrome (CRPS) were sustained in the course of his employment and were compensable. The case was heard and determined by the Dust Disease Board of New South Wales, presided over by Dr. A.J.W. Edwards.

The court needed to decide whether Mr. Eid's injuries were sustained in the course of his employment and, if so, whether they were compensable. This involved determining whether the injuries to his cervical spine and left shoulder were a direct result of the injury to his right upper limb, as well as whether his symptoms were consistent with CRPS. The court considered relevant case law, including Moon v Conmah Pty Ltd which provides guidance on determining consequential conditions and Elsworthy v Forgacs Engineering Pty Ltd regarding the assessment of CRPS.

Dr. Edwards found that Mr. Eid did not sustain an injury to his cervical spine in the course of his employment. However, he did suffer consequential conditions affecting his cervical spine and left shoulder as a result of the injury to his right upper limb. The court also found that Mr. Eid exhibited signs and symptoms in the right upper limb that warranted a referral for assessment of CRPS. Consequently, the court held that Mr. Eid's claims for compensation were valid for the consequential conditions to his cervical spine and left shoulder, and for referral for assessment of CRPS.

In light of the findings, the court ordered that the respondent pay the costs of the proceedings. Additionally, the respondent was directed to arrange for Mr. Eid to be referred for assessment of CRPS as per the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th edition.

Orders