Geale v KJR Piping Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Geale v KJR Piping Pty Ltd [2025] NSWPIC 307

APPLICANT:

Geale

RESPONDENT:

KJR Piping Pty Ltd

MEMBER:

Karen Garner

DATE OF DECISION:

1 July 2025

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; claim for permanent impairment lump sum compensation pursuant to section 66; accepted injury to bilateral knees, bilateral elbows, right shoulder and scarring, left shoulder and scarring; whether applicant sustained injury pursuant to sections 4(a) and 9A to the cervical spine, lumbar spine and nervous system; Held – not satisfied on the balance of probability that the applicant sustained injury pursuant to sections 4(a) and 9A to the cervical spine, lumbar spine and nervous system; matter remitted to the President to be referred to a Medical Assessor for assessment of whole person impairment (WPI) in respect of the accepted injuries.

DETERMINATIONS MADE:

1. The Commission is not satisfied on the balance of probability that the applicant sustained any of the following injuries pursuant to ss 4(a) and 9A of the Workers Compensation Act 1987 (the 1987 Act), being:

(a)    injury on 14 August 2013, to his:

(i)     cervical spine;

(ii)    lumbar spine;

(iii)   nervous system, and

(b)    injury on 8 October 2015, to his:

(i)     cervical spine;

(ii)    lumbar spine;

(iii)   nervous system,

(together referred to as the “disputed injuries”).

The Commission orders:

2.     Award for the respondent in relation to the disputed injuries.

3.     The matter is remitted to the President to be referred to a Medical Assessor for an assessment as follows:

Date of injury:  14 August 2013.

Body parts:          left lower extremity (knee); right lower extremity (knee); left upper extremity (elbow); right upper, extremity (elbow, shoulder), and TEMSKI/scarring (right shoulder, left knee, right knee).              

Method: whole person impairment.

Date of injury: 8 October 2015.

Body parts: left upper extremity (elbow, shoulder);right upper extremity (elbow), and TEMSKI/scarring (left shoulder, left elbow, right elbow).  

Method: whole person impairment

4.     The materials to be referred to the Medical Assessor are to include:

(a)    Application to Resolve a Dispute (ARD) and attached documents, and

(b)    Reply to ARD and attached documents, noting that by agreement between the parties, the following reports are admitted into evidence and to be considered for the purposes of history only:

(i)     reports of Dr Kalnins dated 24 February 2015, 24 March 2015, and
16 April 2014;

(ii)    report of Dr Smith dated 7 April 2017;

(iii)   report of Professor Cunning dated 16 August 2016, and

(iv)   report of Dr Powell dated 23 September 2019.

5.     The parties have liberty to apply, within seven days of the date of this order, in relation to the terms of the referral to a Medical Assessor.

STATEMENT OF REASONS

BACKGROUND

1. Geoffrey John Geale (the applicant) was employed by KJR Piping Pty Ltd (the respondent) a sheet metal worker from about 2012 to June 2016.

2. The applicant has claimed permanent impairment lump sum compensation pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act):

   (a) in the amount of $146,850…