| DETERMINATION OF APPEAL PANEL | |
| CITATION: | Haslegrave v St Marys Town Centre Ltd [2024] NSWPICMP 522 |
| APPELLANT: | Nicola Haslegrave |
| RESPONDENT: | St Marys Town Centre Ltd |
| APPEAL PANEL | |
| MEMBER: | Rachel Homan |
| MEDICAL ASSESSOR: | Graham Blom |
| MEDICAL ASSESSOR: | Michael Hong |
| DATE OF DECISION: | 30 July 2024 |
| CATCHWORDS: | WORKERS COMPENSATION - Workplace Injury Management and Workers Compensation Act 1998; whether demonstrable error by Medical Assessor (MA) in assessing Class 2 in the psychiatric impairment rating scale (PIRS) for self-care and personal hygiene, and concentration, persistence and pace; considered change and stabilisation of medication regime in the period since the assessment by the appellant’s expert; whether relevant considerations taken into account; Held – Medical Appeal Panel not satisfied that Medical Assessment Certificate (MAC) affected by demonstrable error; MAC confirmed. |
BACKGROUND TO THE APPLICATION TO APPEAL
On 13 May 2024, Nicola Haslegrave (the appellant) lodged an Application to Appeal Against the Decision of a Medical Assessor. The medical dispute was assessed by Dr Timothy Berry, a Medical Assessor, who issued a Medical Assessment Certificate (MAC) on 15 April 2024.
The appellant relies on the following ground of appeal under s 327(3) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act):
· the MAC contains a demonstrable error.
The delegate is satisfied that, on the face of the application, at least one ground of appeal has been made out. The Appeal Panel has conducted a review of the original medical assessment but limited to the ground of appeal on which the appeal is made.
Rule 128 of the Personal Injury Commission Rules 2021 (the PIC Rules) and Procedural Direction PIC7 - Appeals, reviews, reconsiderations and correction of obvious errors in medical disputes set out the practice and procedure in relation to the medical appeal process under s 328 of the 1998 Act. An Appeal Panel determines its own procedures in accordance with r 128(1) of the PIC Rules.
The assessment of permanent impairment is conducted in accordance with the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed
1 March 2021 (the Guidelines) and the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed (AMA 5).
RELEVANT FACTUAL BACKGROUND
The appellant was employed by St Marys Town Centre Ltd (the respondent) as a town centre manager. The appellant claimed to have suffered a psychological injury as a result of the nature and conditions of her employment between March and November 2022.
The appellant made a claim for compensation under s 66 of the Workers Compensation Act 1987 (the 1987 Act) on 11 September 2023. The appellant relied on an assessment of 22% whole person impairment (WPI) made by consultant psychiatrist, Dr David Kumagaya on 31 August 2023.
On 29 January 2024, the respondent declined the claim, relying on an opinion expressed by Dr John Honey in a report dated 1 December 2023, that the appellant’s condition had not yet reached maximum medical improvement.
The appellant commenced proceedings in the Personal Injury Commission (Commission)…
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- Case
- [2024] NSWPICMP 522
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether there was a demonstrable error by the MA in assessing the Class 2 rating for the specified aspects of Haslegrave's psychiatric impairment and if the Medical Appeal Panel was satisfied that all relevant considerations had been taken into account in the assessment. The court had to scrutinise the process and findings of the MA to determine if the Medical Assessment Certificate (MAC) was valid and accurate, given the change and stabilisation of Haslegrave's medication regime post-assessment.
The court examined the evidence and submissions from both parties, including the expert opinion of Haslegrave's psychiatrist, and the rationale behind the MA's assessment. It was noted that the MA had considered the claimant's medical history and the effects of the workplace incident on her mental health. The court found that the Medical Appeal Panel was satisfied that the MAC was not affected by any demonstrable error and that the MA had appropriately taken into account the relevant factors. Consequently, the court upheld the MAC as valid and confirmed the Class 2 rating assigned to Haslegrave's psychiatric impairment.
In summary, the court confirmed the Medical Assessment Certificate and dismissed the appeal, finding no demonstrable error in the MA's evaluation of the claimant's psychiatric impairment.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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