Inghams Enterprises Pty Ltd v Stanhope

WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:		Inghams Enterprises Pty Ltd v Stanhope [2012] NSWWCCPD 32
APPELLANT:		Inghams Enterprises Pty Ltd
RESPONDENT:		Glenn Stanhope
INSURER:		Self-insured
FILE NUMBER:		A1-5540/11
ARBITRATOR:	Ms D Moore
DATE OF ARBITRATOR’S DECISION:		6 March 2012
DATE OF APPEAL DECISION:		15 June 2012
SUBJECT MATTER OF DECISION:		Section 60(5) of the Workers Compensation Act 1987; employer’s liability for proposed treatment or service; referral by Registrar of dispute concerning proposed treatment or service to an Approved Medical Specialist for assessment; mandatory requirement to refer; consequences of failure to remit matter to Registrar for referral; weight of evidence concerning alleged injury
PRESIDENTIAL MEMBER:		Deputy President Kevin O'Grady
HEARING:		On the papers
REPRESENTATION:		Appellant:	Leigh Virtue & Associates
Respondent:	White Barnes Solicitors
ORDERS MADE ON APPEAL:		1.       The findings made by the Senior Arbitrator in paragraph one of her Certificate of Determination dated 6 March 2012 are confirmed. 2.       The findings and orders made in paragraphs two, three, four and five of the Certificate of Determination dated 6 March 2012 are revoked. 3.       The Certificate of Determination is further amended to provide: “2.     The deemed date of injury is 10 February 2010. 3. The matter is remitted to the Registrar for referral to an Approved Medical Specialist in accordance with s 60(5) of the Workers Compensation Act 1987 for the purpose of an assessment under Pt 7 (Medical Assessment) of Ch 7 of the Workplace Injury Management and Workers Compensation Act 1998. 4.      The Application is to be relisted before the Senior Arbitrator for determination of outstanding matters following issue of the Approved Medical Specialist’s Medical Assessment Certificate.” 4.       No order as to costs of the appeal.

BACKGROUND

1. Mr Glenn Stanhope has been employed by Inghams Enterprises Pty Ltd (the appellant) for the past 30 years. During that period his duties have varied from time to time. Since approximately 1995 his duties have been those of a maintenance worker on chicken farming properties conducted by the appellant.

2. It is Mr Stanhope’s allegation that he has suffered injury, being bilateral carpal tunnel syndrome, as a result of the forceful and repetitive use of his arms, hands and wrists in the course of his employment.

3. Mr Stanhope reported the injury to the appellant in September 2009. He was subsequently advised to undergo surgical treatment. The appellant declined liability for the cost of such treatment. Notice of that declinature was given to Mr Stanhope by letter dated 22 February 2010.

4. Mr Stanhope’s solicitors requested, in correspondence to the appellant dated 25 May 2011, that the denial of liability be reviewed. The appellant wrote to the solicitors on 24 June 2011 advising that, following review, its earlier decision remained unchanged and that Mr Stanhope’s claim was denied. That correspondence included a statement of matters in dispute and a statement of reasons. Those matters are addressed below.

5. The dispute between the parties was the subject of an Application to Resolve a Dispute (the Application)…