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Jorfi v Glc Civil Pty Ltd

Jorfi v Glc Civil Pty Ltd

Case [2025] NSWPIC 368 31 July 2025

Workers Compensation Act 1987

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CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Jorfi v Glc Civil Pty Ltd [2025] NSWPIC 368
APPLICANT:	Saeed Jorfi
RESPONDENT:	GLC Civil Pty Ltd
MEMBER:	Rachel Homan
DATE OF DECISION:	31 July 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for proposed endoscopic carpal tunnel release and ulnar nerve decompression surgery and various incurred treatment expenses; accepted injury to left ring and middle fingers; mechanism of injury uncertain; opinions from applicant’s doctors on diagnosis and causal relationship between injury and conditions at the wrist and elbow uncertain; Held –applicant sustained consequential conditions at left wrist and elbow secondary to the forceful impact of a steel hook to his hand; the surgery proposed is reasonably necessary as a result of the injury; orders for payment of compensation pursuant to section 60.
DETERMINATIONS MADE:	The Commission directs: 1. The Application to Resolve a Dispute is amended to omit the reference to a left shoulder injury and any claim for treatment expenses related to the left shoulder. The Commission determines: 2. The applicant sustained consequential conditions at his left wrist and elbow as a result of the injury on 15 October 2018. 3. The left endoscopic carpal tunnel release and ulnar nerve decompression surgery proposed by A/Prof Nicholas Smith is reasonably necessary as a result of the injury on 15 October 2018. The Commission orders: 4. The respondent to pay the costs of and incidental to the proposed surgery in accordance with s 60 of the Workers Compensation Act 1987 and the applicable SIRA Fees Order. 5. The respondent to pay the applicant’s reasonably necessary past medical and related treatment expenses related to the consequential conditions in accordance with s 60 of the Workers Compensation Act 1987 upon production of accounts, receipts and/or valid Medicare Notice of Charge. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

Mr Saeed Jorfi (the applicant) was employed as a truck driver by GLC Civil Pty Ltd (the respondent). On 15 October 2018, the applicant sustained an injury to his left middle and ring fingers, liability for which has been accepted by the respondent’s insurer. Liability was also accepted for a consequential right shoulder condition sustained following a brief return to work.
On 5 March 2024, A/Prof Nicholas Smith wrote to the insurer seeking approval for the applicant to undergo a left endoscopic carpal tunnel release and ulnar nerve decompression surgery.
On 24 April 2024, the insurer disputed liability to pay the costs of the surgery in a notice issued pursuant to s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act).
Liability for the proposed surgery, left carpal tunnel and ulnar nerve conditions and various incurred expenses was disputed in further notices issued on 1 August 2024 and
6 September 2024 and, following internal review, on 28 March 2025.
The present proceedings were commenced by lodgement of an Application to Resolve a Dispute on 7 May 2025. The applicant seeks compensation…

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.

Continue reading Jorfi v Glc Civil Pty Ltd

Details

AGLC: Jorfi v Glc Civil Pty Ltd [2025] NSWPIC 368
Case: [2025] NSWPIC 368
Decision Date: 31 July 2025

CaseChat Overview and Summary

The applicant, Jorfi, brought an action against Glc Civil Pty Ltd in the Workers Compensation Tribunal of Victoria, seeking compensation for proposed endoscopic carpal tunnel release and ulnar nerve decompression surgery, along with various incurred treatment expenses. The injury in question involved the left ring and middle fingers, with the mechanism of injury being uncertain. The applicant's medical experts provided opinions on the diagnosis and the causal relationship between the injury and the conditions at the wrist and elbow, which were not entirely certain.

The legal issues before the court were whether the applicant had sustained consequential conditions at the left wrist and elbow secondary to the injury, and if the proposed surgery was reasonably necessary as a result of the injury. The court had to determine the causal link between the injury and the proposed treatment, and whether the treatment was reasonably necessary for the conditions sustained.

The court held that the applicant had indeed sustained consequential conditions at the left wrist and elbow as a result of the forceful impact of a steel hook to his hand. The court found that the proposed surgery was reasonably necessary to address the conditions that arose from the injury. Consequently, the court made orders for the payment of compensation pursuant to section 60 of the Workers Compensation Act 1987. The applicant was awarded the compensation for the proposed surgery and the treatment expenses incurred.

Orders