Fletcher v Northern Beaches Council - [2025] NSWPIC 7

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Fletcher v Northern Beaches Council [2025] NSWPIC 7
APPLICANT:	Ronald Fletcher
RESPONDENT:	Northern Beaches Council
MEMBER:	Diana Benk
DATE OF DECISION:	9 January 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; whether the applicant sustained injury to the bilateral shoulders and lumbar spine and psychological injury in the course of employment as a painter; whether personal injury or disease pursuant to section 4; respondent asserted that the worker suffered multiple separate frank injuries on different dates; worker asserted that he suffered a single injury with a deemed date; issues with quality of medical evidence; worker suffered a symptomatic aggravation of an underlying disease in the course of his employment to the bilateral shoulders; insufficient evidence relating to lumbar spine injury; Held – bilateral shoulder injury deemed to have occurred on date claim was made; matter referred to a Medical Assessor to assess bilateral shoulder injuries.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained an injury to his lumbar spine on 11 March 2019. 2. The applicant sustained injuries to his bilateral upper limbs (shoulders) arising out of or in the course of his employment on 26 February 2024 (deemed/disease) and employment was the main contributing factor to this injury. 3. The respondent to pay reasonably necessary medical expenses as claimed in respect of treatment for the lumbar spine and bilateral upper limbs. The Commission orders: 4. Amend the Application to Resolve the Dispute to remove reference to lumbar spine injury sustained on 15 April 2013. 5. The matter is remitted to the President for referral to a Medical Assessor for assessment of whole person impairment as follows: (a) Date of injury: 26 February 2024 – disease. (b) Body system/part: (i) left upper limb (shoulder), and (ii) right upper limb (shoulder). 6. That the Medical Assessor is to be provided with the following; (a) Application to Resolve a Dispute and attachments; (b) Reply and attachments, and (c) Application to Admit Late Documents filed by the applicant and respondent and dated 5 and 6 November 2024. 7. Liberty to apply with respect to any claim relating to psychological injury.

STATEMENT OF REASONS

BACKGROUND

Ronald Fletcher, (the applicant) was employed as a painter for almost two decades by the respondent (Northern Beaches Council), ceasing employment on 26 February 2024.
On 5 August 2024, he claimed lump sum compensation after being assessed as having a 26% whole person impairment (WPI) arising out of injuries sustained in the course of his employment relevantly:
(a)    7% WPI of the lumbar spine;
(b)    13% WPI of the left shoulder, and
(c)    8% WPI of the right shoulder.
The above impairments are claimed to have arisen as a result of
(a)    the nature and conditions of employment;
(b)    “frank” incidents on 15 April 2013, 11 March 2019, 21 July 2020, 20 December 2020, 10 March 2021 and 12 February 2024;
(c)    injury by way of aggravation, acceleration, exacerbation or deterioration of disease, and
(d)    left shoulder injury as consequential…

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 7
Decision Date: 9 January 2025

CaseChat Overview and Summary

In the case of Fletcher v Northern Beaches Council, the applicant, a painter, sought workers compensation from the respondent, the council, claiming injuries to his bilateral shoulders, lumbar spine, and psychological harm sustained in the course of employment. The case was heard by the Workers Compensation Regulator of New South Wales. The primary legal issues revolved around whether the injuries claimed by the applicant were sustained in the course of employment, the nature and date of the injuries, and the quality and sufficiency of the medical evidence provided.

The court had to determine if the applicant's injuries were a single injury with a deemed date or multiple separate frank injuries occurring on different dates. The respondent argued that the applicant suffered multiple separate injuries on distinct dates, while the applicant claimed a single injury with a deemed date of claim. The court also needed to address the quality of the medical evidence presented, especially concerning the lumbar spine injury. The applicant's medical reports were inconsistent and insufficient to establish the lumbar spine injury conclusively.

The court found that the applicant's bilateral shoulder injuries were indeed sustained in the course of employment and deemed to have occurred on the date the claim was made. However, the evidence regarding the lumbar spine injury was insufficient, and the psychological injury claim was not substantiated. The matter was referred to a Medical Assessor to further evaluate the bilateral shoulder injuries. The court ruled in favour of the applicant on the bilateral shoulder injuries and referred the matter for further assessment, leaving the lumbar spine and psychological injury claims unresolved.

Orders