Haddara v FLH NSW Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Haddara v FLH NSW Pty Ltd [2024] NSWPIC 302

APPLICANT:

Khader Haddara

RESPONDENT:

FLH NSW Pty Ltd

MEMBER:

Parnel McAdam

DATE OF DECISION:

6 June 2024

CATCHWORDS:

WORKERS COMPENSATION -  Consequential conditions; applicant suffered significant injury (biceps tendon tear) and claimed as a result he suffered from consequential conditions in the left and right shoulders; intervening motor vehicle accident; Held – applicant satisfied his onus that he had suffered a consequential condition in his left shoulder due to overuse; insufficient evidence that he had suffered a consequential condition in right shoulder; matter referred for assessment of permanent impairment.

DETERMINATIONS MADE:

The Commission determines:

1.     The applicant suffered a consequential condition in his left shoulder.

2.     Award for the respondent for consequential condition in the applicant’s right shoulder.

3. The matter is remitted to the President for referral to a Medical Assessor pursuant to s 321 of the Workplace Injury Management and Workers Compensation Act 1998 for assessment as follows:

a.     Date of injury: 7 December 2019.

b.     Body systems/parts:

  i.       right upper extremity (elbow, wrist);

                   ii.       left upper extremity (shoulder);

                   iii.       scarring, and

                  iv.       respiratory system (sleep and arousal disorder). 

c.     Method of assessment: whole person impairment

4.     The documents to be referred to the Medical Assessor are:

a.     Application to Resolve a Dispute and attached documents;

b.     Reply and attached documents;

c.     Application to Admit Late Documents dated 14 May 2024, and

d.     Application to Admit Late Documents dated 23 May 2024.

STATEMENT OF REASONS

BACKGROUND

1. Mr Haddara (the applicant) was employed as a concrete formworker with FLH NSW Pty Ltd (the respondent) when he suffered what has ended up being a significant injury, being a biceps tendon rupture in his right arm. There have been consequences of that injury, including to the wrist and a sleep and arousal disorder.

2. The injury occurred on 7 December 2019, whilst Mr Haddara was lifting a sheet of plywood. The tendon was surgically repaired, but following the surgery Mr Haddara felt pain and stiffness in his wrist. Unfortunately for Mr Haddara, following his work injury he was involved in a motor vehicle accident.

3. The applicant made a claim for lump sum compensation totalling 38% whole person impairment, made up of 25% for the sleep disorder, and 17% for the effect of the physical injuries. The respondent has accepted liability for most of the injuries claimed by Mr Haddara, including the index injury to his biceps, but has disputed that Mr Haddara suffered an injury to either shoulder either arising out of employment or as a consequence of the accepted injury he suffered.

ISSUE FOR DETERMINATION

1. The parties agree that the following issue remains in dispute:

   (a)   whether as a result of the accepted injury to Mr Haddara’s biceps, he suffered a consequential condition in his left shoulder and right shoulder.

2. The parties agree that regardless of the outcome of this dispute, the accepted injuries/body parts will be referred for an assessment of whole person impairment, being…