Jones v Berrigan Shire Council - [2025] NSWPIC 314

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of correct deemed date of injury pursuant to sections 15(1)(a) or 16(1)(a) of the WC Act; Held – COD reconsidered and rescinded; respondent required leave to dispute deemed date of injury of 30 August 2023; leave granted; applicant’s deemed date of injury is 13 March 2000 being the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 8 January 2025 (MAC), as a result of his injury deemed to have occurred on 13 March 2020 (taking into account the necessary 5% uplift applicable for the 12% lumbar spine permanent impairment found in the MAC). 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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWPIC 314
Decision Date: 2 July 2025

CaseChat Overview and Summary

The case of Jones v Berrigan Shire Council involved a claim for workers' compensation by the applicant, Jones, for a lumbar spine injury and associated scarring. The respondent, Berrigan Shire Council, was the employer. The dispute centred on the determination of the correct date of injury and the subsequent issuance of a Certificate of Determination (COD) by the Personal Injury Commission. Jones sought a lump sum compensation pursuant to section 66 of the Workers Compensation Act 1987. The Council contested the correct date of injury and applied for reconsideration and rescission of the COD. The court was required to determine whether the Commission should exercise its discretion under section 57(1) of the Personal Injury Commission Act 2020 to reconsider the COD and whether the Council required leave under section 289A(4) of the Workplace Injury Management and Workers Compensation Act 1998 to dispute the deemed date of injury, and if such leave should be granted.

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.

Orders