Judge v Workforce International (Office Services) Pty Ltd

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CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Judge v Workforce International (Office Services) Pty Ltd [2023] NSWPIC 440

APPLICANT: Toby Judge
RESPONDENT: Workforce International (Office Services) Pty Limited
MEMBER: Gaius Whiffin
DATE OF DECISION: 1 September 2023
CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; claim for a primary psychological injury on 12 November 2018 and a secondary or consequential physical injury to the applicant’s forearms; claim for compensation pursuant to section 66; consideration of applicant’s statements, medical reports and other treatment records, as well as claim correspondence; consideration of whether the applicant is able to aggregate both his physical and psychological impairments, despite section 65A(4), in order for his entitlement pursuant to section 66 in relation to his 12 November 2018 injury to be determined; BIM v Judicial Commission of NSW, Tagicaki v Everwilling Cranes Pty Limited, Bouchmouni v Bakhos Matta t/as Western Red Services, Department of Juvenile Justice v Edmed, Warwar v Speedy Courier (Australia) Pty Limited, Certain Lloyd’s Underwriters subscribing to contract no IH00AAQS v Cross, Project Blue Sky Inc v Australian Broadcasting Authority, Kooragang Cement Pty Ltd v Bates, Moon v Conmah Pty Limited, Kumar v Royal Comfort Bedding Pty Ltd, Trustees of the Roman Catholic Church for the Diocese of Parramatta v Brennan, Ozcan v Macarthur Disability Services Limited, NSW Police Service v Snape, Abu-Ali v Martin-Brower Australia Pty Limited, Bell v The Mining Pty Limited considered; Held – the applicant is unable to aggregate the impairment found in the Medical Assessment Certificate (MAC) of Dr Shen dated 28 April 2023 with the impairment found in the MAC of Dr Burns dated 28 April 2023, due to the operation of section 65A(4) of the Act, in order for his entitlement pursuant to section 66 of the Act in relation to his 12 November 2018 injury to be determined; award in favour of the applicant pursuant to section 66 in accordance with only the MAC of Dr Shen dated 28 April 2023.

DETERMINATIONS MADE:

The Commission determines:

1. The applicant is unable to aggregate the impairment found in the Medical Assessment Certificate of Dr Shen dated 28 April 2023 with the impairment found in the Medical Assessment Certificate of Dr Burns dated 28 April 2023, due to the operation of s 65A(4) of the Workers Compensation Act 1987 (the 1987 Act), in order for his entitlement pursuant to s 66 of the 1987 Act in relation to his 12 November 2018 injury to be determined.

The Commission orders:

2.     There will be an award in favour of the applicant pursuant to s 66 of the 1987 Act in the amount of $58,000 with respect to 22% whole person impairment in relation to his 12 November 2018 injury, in accordance with the Medical Assessment Certificate of Dr Shen dated 28 April 2023.

STATEMENT OF REASONS

BACKGROUND

  1. Toby Judge (the applicant) is 42-year-old and commenced employment as an area supervisor on 1 July 2018…

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Details
Case
[2023] NSWPIC 440
Decision Date

CaseChat Overview and Summary

In the matter of Judge v Workforce International (Office Services) Pty Ltd, the applicant claimed compensation for a primary psychological injury occurring on 12 November 2018 and a secondary physical injury to the forearms. The dispute was heard by the Civil and Administrative Tribunal of New South Wales, which was required to determine whether the applicant could aggregate both his physical and psychological impairments for the purposes of determining his entitlement to compensation under section 66 of the Workers Compensation Act 1987.

The central legal issue was whether the applicant could aggregate the psychological and physical impairments, despite the operation of section 65A(4) of the Act. This section generally prevents the aggregation of separate injuries to determine entitlement to compensation. The Tribunal considered various authorities, including BIM v Judicial Commission of NSW, Project Blue Sky Inc v Australian Broadcasting Authority, and others, to understand how the aggregation of impairments is approached in workers compensation claims. The court also considered the medical assessments of Dr Shen and Dr Burns, the claim correspondence, and other treatment records.

After thorough consideration, the Tribunal held that the applicant could not aggregate the impairments found in the Medical Assessment Certificates of Dr Shen and Dr Burns dated 28 April 2023 due to the operation of section 65A(4). Consequently, the Tribunal determined the applicant's entitlement to compensation pursuant to section 66 based solely on the MAC of Dr Shen dated 28 April 2023. The award was made in favour of the applicant accordingly.

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Background

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