| DETERMINATION OF APPEAL PANEL | |
| CITATION: | Ibrahim v Sellers Fabrics Pty Ltd [2024] NSWPICMP 620 |
| APPELLANT: | Ahmed Ali Ibrahim |
| RESPONDENT: | Sellers Fabrics Pty Ltd |
| APPEAL PANEL | |
| MEMBER: | Marshal Douglas |
| MEDICAL ASSESSOR: | Christopher Grainge |
| MEDICAL ASSESSOR: | David Crocker |
| DATE OF DECISION: | 3 September 2024 |
| CATCHWORDS: | WORKERS COMPENSATION - Workplace Injury Management and Workers Compensation Act 1998; whether deduction Medical Assessor (MA) made under section 323(1) of 3/10th was correct; Held – deduction incorrect because MA made the deduction on the appellant’s genetic susceptibility, as at the time of injury, to develop a subsequent condition; Medical Assessment Certificate revoked. |
BACKGROUND TO THE APPLICATION TO APPEAL
Ahmed Ali Ibrahim, the appellant, has appealed against the medical assessment Dr Mark Burns conducted of various medical disputes between the appellant and his employer Sellers Fabrics Pty Ltd, the respondent, relating to the degree of permanent impairment the appellant has from an injury he suffered on 15 January 2009.
It is necessary to set out at some length the background to the appellant’s appeal so as to make clear the issues with which the Appeal Panel is dealing in this matter and, consequently, make clear the Appeal Panel’s reasons for its decision.
On 15 January 2009 the appellant suffered an injury during the course of his employment with the respondent while stacking rolls of cotton on a conveyor belt. On 25 August 2010 a Medical Appeal Panel constituted by the Workers Compensation Commission, being the predecessor of the Personal Injury Commission (Commission), issued a Medical Assessment Certificate pursuant to s 328(5) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) certifying that the appellant then had a degree of permanent impairment from that injury of the order of 2% whole person impairment (WPI), comprising 0% WPI relating to his lumbar spine and 2% WPI relating to his right upper extremity.
Following the issue of that certificate the Workers Compensation Commission on
16 September 2010 made an order that the respondent pay the appellant compensation of $2,750 for 2% permanent impairment from his injury on 15 January 2009 pursuant to s 66 of the Workers Compensation Act1987 (the 1987 Act).On 13 July 2021 the appellant’s solicitors wrote to the respondent’s solicitors advising them that the appellant was making claims for compensation under the 1987 Act including a claim for compensation for further permanent impairment from his injury. The appellant’s solicitors also advised the respondent’s solicitors that the appellant intended to make a claim for work injury damages. The appellant’s solicitors in their correspondence described the injuries the appellant suffered on 15 January 2009 as comprising an injury to his cervical spine, an injury to his lumbar spine, an injury to his right upper extremity, an injury to his right lower extremity and type 2 diabetes mellitus.
The appellant’s solicitors also provided the respondent’s solicitors with their correspondence reports of orthopaedic surgeon Dr Eugene Gehr dated 6 March and 8 July 2021 and a report of endocrinologist Dr Stephen Thornley dated…
Keep reading for free
Create a free CaseChat account to read Ibrahim v Sellers Fabrics Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] NSWPICMP 620
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the deduction made by the Medical Assessor was correct under section 323(1) of the Act. The primary issue was whether the deduction was appropriate given the nature of the appellant's condition, which had not fully manifested as a compensable condition at the time of the assessment. The court had to consider whether the Medical Assessor's decision was based on the appellant's genetic predisposition, rather than an existing injury or condition.
In reaching its decision, the court noted that the deduction was made based on the appellant's genetic susceptibility, which had not resulted in an actual injury at the time of the assessment. The court held that the deduction was incorrect as it was based on a potential future condition, rather than a current injury. The court found that the Medical Assessor had not properly considered the appellant's actual condition, and the deduction was therefore revoked. The court's decision highlighted the importance of basing deductions on existing injuries or conditions, rather than potential future risks.
The court ordered that the Medical Assessment Certificate be revoked, and that the appellant's compensation payments be reinstated. The court emphasised the need for Medical Assessors to base their decisions on the actual condition of the injured worker, rather than on speculative or potential future risks. The decision serves as a reminder to Medical Assessors of the importance of ensuring that their assessments are based on the worker's actual injury or condition, rather than on hypothetical or future risks.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.