Jun v Kozy Ozzy Pty Ltd - [2025] NSWPIC 357

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Jun v Kozy Ozzy Pty Ltd [2025] NSWPIC 357
APPLICANT:	So Young Jun
RESPONDENT:	Kozy Ozzy Pty Ltd
MEMBER:	Fiona Seaton
DATE OF DECISION:	28 July 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly payments and medical expenses; whether applicant sustained a consequential left wrist injury resulting from an accepted right wrist injury; Held – applicant sustained a consequential left wrist injury as a result of the accepted right wrist injury; applicant has no current work capacity; there is an entitlement to the payment of weekly benefits and reasonably necessary medical expenses.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained a consequential left wrist injury as a result of the accepted right wrist injury on 19 May 2023. 2. The applicant is entitled to the payment of weekly benefits compensation from 26 July 2023 to date and continuing at the pre-injury average weekly earnings rate of $1,634.32 subject to indexation pursuant to ss 36(1) and 37(1) of the Workers Compensation Act 1987 (1987 Act). 3. The applicant is entitled to the payment of reasonably necessary medical or related expenses arising from her right and left wrist injuries and secondary psychological condition pursuant to s 60 of the 1987 Act on production of accounts, receipts and/or Medicare notice of charge. The Commission orders: 1. The respondent to pay the applicant weekly compensation at the pre-injury average weekly earnings rate of $1,634.32 subject to indexation as follows; (a) 26 July 2023 to 23 August 2023 at $1,634.32 x 95% or $1,552.60 pursuant to s 36(1) of the 1987 Act; (b) 24 August 2023 to 30 September 2023 at $1,634.32 x 80% or $1,307.46 pursuant to s 37(1) of the 1987 Act; (c) 1 October 2023 to 30 March 2024 at $1,634.32 x 1.0237, or $1,673.05 rounded to $1,670 x 80% being $1,336 pursuant to s 37(1) of the 1987 Act; (d) 1 April 2024 to 30 September 2024 at $1,670 x 1.0179, or $1,699.89 rounded to $1,700 x 80% being $1,360 pursuant to s 37(1) of the 1987 Act; (e) 1 October 2024 to 30 March 2025 at $1,700 x 1.0198, or $1,733.66 rounded to $1,730 x 80% being $1,384 pursuant to s 37(1) of the 1987 Act, and (f) 1 April 2025 to date and continuing at $1,730 x 1.0043, or $1,737.44 rounded to $1,740 x 80% being $1,392 pursuant to s 37(1) of the 1987 Act. 4. The parties have 14 days liberty to apply with respect to the calculation of indexation of the weekly compensation amounts referred to above. 5. The respondent to pay the applicant’s reasonably necessary medical or related expenses arising from her right and left wrist injuries and secondary psychological condition pursuant to s 60 of the 1987 Act on production of accounts, receipts and/or Medicare notice of charge. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

The applicant Ms So Young Jun commenced working…

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 Jun v Kozy Ozzy Pty Ltd

Details

AGLC: Jun v Kozy Ozzy Pty Ltd [2025] NSWPIC 357
Case: [2025] NSWPIC 357
Decision Date: 28 July 2025

CaseChat Overview and Summary

Jun commenced proceedings against Kozy Ozzy Pty Ltd in the Workers Compensation Court of New South Wales seeking payment of weekly benefits and medical expenses arising from injuries sustained in the course of his employment. The dispute centred around whether Jun had sustained a consequential left wrist injury resulting from an earlier accepted right wrist injury. Jun contended that the left wrist injury was a direct consequence of the right wrist injury, whereas the respondent argued that the left wrist injury was unrelated to the employment incident and instead a result of pre-existing conditions.

The court was required to determine whether Jun's left wrist injury was indeed a consequence of the right wrist injury, and if so, whether this consequential injury warranted the payment of weekly benefits and medical expenses. The court considered medical evidence, expert opinions, and the history of Jun's injuries and treatments. The judge found that there was a causal link between the right wrist injury and the left wrist injury, confirming that the left wrist injury was a consequential injury. The court further assessed Jun's current work capacity, concluding that Jun had no current work capacity, thereby justifying the entitlement to weekly benefits.

The reasoning led to the conclusion that Jun was entitled to payment for weekly benefits and reasonably necessary medical expenses for the left wrist injury, which was found to be a consequence of the right wrist injury. The court emphasised that the burden of proof lay with Jun to demonstrate the causal connection and the impact on his work capacity. The respondent's arguments were dismissed as the evidence supported Jun's claims. The court's final determination was that Jun was entitled to the requested weekly benefits and medical expenses, reflecting the consequential nature of the left wrist injury.

Orders