Felsch v NPV International Pty Ltd - [2025] NSWPIC 573

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Felsch v NPV International Pty Ltd [2025] NSWPIC 573
APPLICANT:	Ian Edward Felsch
RESPONDENT:	NPV International Pty Ltd
MEMBER:	John Isaksen
DATE OF DECISION:	23 October 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for permanent compensation for injury to the right wrist and hand (including complex regional pain syndrome (CRPS)); injury or consequential conditions to the right elbow and right shoulder; consequential conditions to the left wrist, left elbow, and left shoulder; consideration of Moon v Conmah Pty Ltd, and Arquero v Shannons Anti Corrosion Engineering Pty Ltd on claims of consequential conditions; whether CRPS can be referred for assessment of whole person impairment (WPI) when no assessments made by experts but there is a finding of injury; consideration of Bindah v Carter Holt Harvey Wood Products Australia Pty Ltd and arbitral decision of Elsworthy v Forgacs Engineering Pty Ltd; Held – worker did not sustain an injury or consequential condition to the right elbow or right shoulder; worker did sustain a consequential condition to the left wrist, left elbow, and left shoulder and those body parts can be referred for assessment for WPI; CRPS in the right hand can be referred for assessment for WPI.
DETERMINATIONS MADE:	The Personal Injury Commission (Commission) determines: 1. An award for the respondent on the claim of an injury to the right elbow and right shoulder on 9 June 2016. 2. An award for the respondent on the claim of a consequential condition affecting the right elbow and right shoulder as a result of the injury sustained on 9 June 2016. 3. The applicant has suffered a consequential condition affecting his left wrist, left elbow and left shoulder as a result of the injury he sustained to his right wrist and right hand in the course of his employment on 9 June 2016. 4. The applicant has been found by medical experts to have symptoms referable to complex regional pain syndrome (CRPS) as a result of the injury he sustained to his right wrist and right hand in the course of his employment on 9 June 2016. The Commission orders: 1. This matter is remitted to the President for referral to a Medical Assessor as follows: Date of injury: 9 June 2016. Body parts: Right upper extremity (wrist; hand), left upper extremity (wrist; elbow; shoulder), and CRPS in the right hand (if verified by the Medical Assessor). Method of assessment: whole person impairment. 2. The following documents are to be forwarded to the Medical Assessor: (a) Application to Resolve a Dispute with attachments; (b) Reply with attachments; (c) Application to Lodge Additional Documents filed by the applicant on 15 September 2025, and (d) a copy of this decision. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

Ian Edward Felsch, the applicant in these proceedings, makes a claim for a lump sum payment for 20% whole person impairment (WPI) pursuant to s 66…

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

AGLC: Felsch v NPV International Pty Ltd [2025] NSWPIC 573
Case: [2025] NSWPIC 573
Decision Date: 23 October 2025

CaseChat Overview and Summary

In Felsch v NPV International Pty Ltd, the court addressed a claim for permanent compensation for injuries sustained by the worker, including injury to the right wrist and hand, complex regional pain syndrome (CRPS), and consequential conditions to various body parts. The dispute centred on the extent and nature of these injuries and the assessment of whole person impairment (WPI) for compensation purposes.

The primary legal issues before the court were whether the worker had sustained injuries or consequential conditions to the right elbow and right shoulder, and whether the CRPS in the right hand could be referred for WPI assessment despite the lack of expert assessments. The court also had to determine whether the consequential conditions in the left wrist, left elbow, and left shoulder could be referred for WPI assessment.

In resolving these issues, the court examined relevant case law, including Moon v Conmah Pty Ltd and Arquero v Shannons Anti Corrosion Engineering Pty Ltd, to assess the claims of consequential conditions. It found that the worker had not sustained an injury or consequential condition to the right elbow or right shoulder. However, the court did find that the worker had sustained a consequential condition to the left wrist, left elbow, and left shoulder, which could be referred for WPI assessment. Additionally, the court held that the CRPS in the right hand could be referred for WPI assessment, despite the absence of expert assessments, as there was a finding of injury.

The court's decision resulted in a referral for WPI assessment of the left wrist, left elbow, and left shoulder, and the CRPS in the right hand, for the purpose of determining the appropriate level of permanent compensation.

Orders