| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Jones v Berrigan Shire Council [2025] NSWPIC 314 |
| APPLICANT: | John William Jones |
| RESPONDENT: | Berrigan Shire Council |
| MEMBER: | Gaius Whiffin |
| DATE OF DECISION: | 2 July 2025 |
| CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987 (WC Act); Personal Injury Commission Act 2020 (PIC Act); Workplace Injury Management and Workers Compensation Act 1998 (WIM Act); claim for lumbar spine injury and scarring; claim for lump sum compensation pursuant to section 66 of the WC Act; applicant assessed by Medical Assessor (MA) and Medical Assessment Certificate (MAC) issued; Certificate of Determination (COD) subsequently issued despite respondent disputing the correct date of injury before issuing COD; respondent applied for reconsideration and rescission of COD and requested determination of correct date of injury; consideration of applicant’s statements, medical and factual evidence, and claim correspondence; consideration of whether Commission should exercise discretion under section 57(1) of the PIC Act to reconsider COD; consideration of whether respondent requires leave under section 289A(4) of the WIM Act to dispute deemed date of injury and whether leave should be granted; consideration of correct deemed date of injury pursuant to sections 15(1)(a) or 16(1)(a) of the WC Act; Held – COD reconsidered and rescinded; respondent required leave to dispute deemed date of injury of 30 August 2023; leave granted; applicant’s deemed date of injury is 13 March 2000 being the first day of incapacity in accordance with sections 15(1)(a)(i) or 16(1)(a)(i) of the WC Act; award for applicant in accordance with MAC as injury deemed to have occurred on 13 March 2000. |
| DETERMINATIONS MADE: | The Commission determines: 1. In the exercise of its discretion pursuant to s 57(1) of the Personal Injury Commission Act 2020 (the 2020 Act), the Personal Injury Commission (Commission) reconsiders the Certificate of Determination issued by the Commission in this matter on 12 February 2025. For the reasons given, the Commission rescinds that Certificate of Determination. 2. The respondent is granted leave in accordance with s 289A(4) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) to dispute the applicant’s deemed date of injury as being 30 August 2023. 3. The applicant’s deemed date of injury in relation to his claim pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act) is 13 March 2000, in accordance with s 15(1)(a)(i) or s 16(1)(a)(i) of the 1987 Act. 4. The applicant is entitled to $31,803.08 pursuant to s 66 of the 1987 Act, with respect to the 13% permanent impairment found in the Medical Assessment Certificate dated The Commission orders: 5. The Certificate of Determination of the Commission in this matter dated 12 February 2025 is rescinded. 6. There will be an award in favour of the applicant in the amount of $31,803.08 pursuant to s 66… |
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- Case
- [2025] NSWPIC 314
- Decision Date
CaseChat Overview and Summary
The court carefully considered the applicant’s statements, medical evidence, and the factual evidence provided in the claim correspondence. It found that the Commission had discretion under section 57(1) of the Personal Injury Commission Act to reconsider the COD. The court also examined whether the Council required leave to dispute the deemed date of injury, noting that leave is necessary under section 289A(4) of the Workplace Injury Management and Workers Compensation Act. The court granted leave to the Council, allowing it to contest the correct date of injury. In determining the correct date of injury, the court applied sections 15(1)(a) or 16(1)(a) of the Workers Compensation Act, concluding that the deemed date of injury was 13 March 2000, the first day of incapacity, rather than the date specified in the COD.
The Personal Injury Commission reconsidered and rescinded the original COD. The deemed date of injury was set as 13 March 2000, aligning with the first day of incapacity. Consequently, the applicant’s award was made in accordance with the Medical Assessment Certificate, with the injury deemed to have occurred on 13 March 2000. The Council was granted leave to dispute the deemed date of injury, but ultimately, the court upheld the applicant's claim with the correct date of injury established.
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Evidence
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