Keremelevska v Qantas Airways Ltd - [2025] NSWPIC 534

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Keremelevska v Qantas Airways Ltd [2025] NSWPIC 534
APPLICANT:	Elizabeth Keremelevska
RESPONDENT:	QANTAS Airways Ltd
MEMBER:	Cameron Burge
DATE OF DECISION:	8 October 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; permanent impairment; claim for consequential conditions said to arise as a result of accepted left knee injury; Held – the applicant suffered injury to her left knee on 21 May 2018; as a result the applicant suffered consequential conditions to her right lower extremity (ankle) and right upper extremity (shoulder); the applicant also suffered a frank injury to her right knee on 5 November 2020; matter remitted to President for referral to a Medical Assessor; claim for medical expenses adjourned; matter adjourned for further preliminary conference after issuing of medical assessment certificate for determining whether any impairments to the right knee arising from the consequential condition and form the frank injury can be aggregated.
DETERMINATIONS MADE:	The Personal Injury Commission (Commission) determines: 1. The applicant suffered an injury to her left lower extremity (knee) in the course of her employment with the respondent on 21 May 2018. 2. As a result of her injury, the applicant suffered consequential conditions to her right lower extremity (knee and ankle) and right upper extremity (shoulder). 3. The applicant suffered injury to her right lower extremity (knee) in the course of her employment with the respondent on 5 November 2020. 4. The matter is remitted to the President for referral to a Medical Assessor to determine the permanent impairment arising from the following: Date of injury: 21 May 2018. Body systems referred: left lower extremity (knee); right lower extremity (ankle and knee) (consequential condition), and right upper extremity (shoulder) (consequential condition). Method of assessment: whole person impairment. Date of injury: 5 November 2020. Body system referred: right lower extremity (knee). Method of assessment: whole person impairment. 5. The documents to be referred to the Medical Assessor to assist with their determination are to include the following: (a) this Certificate of Determination and Statement of Reasons; (b) Application to Resolve a Dispute and attachments; (c) Reply and attachments; (d) applicant’s Application to Lodge Additional Documents and attachments dated 22 July 2025, and (e) respondent’s Application to Lodge Additional Documents and attachments dated 6 August 2025. 6. The matter is listed for further preliminary conference upon issuing of the Medical Assessment certificate to determine whether any impairments to the right knee can be aggregated. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

On 21 May 2018, Elizabeth Keremelevska (the applicant) tripped over a bag on an aircraft and injured her left knee whilst in the employ of the respondent, QANTAS Airways Ltd. The applicant brings these proceedings seeking payment of permanent impairment compensation in relation to that injury, together with alleged consequential conditions to her right lower extremity (knee and ankle) and right upper extremity, together with scarring.
Liability for the left knee injury is accepted. However, the…

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

AGLC: Keremelevska v Qantas Airways Ltd [2025] NSWPIC 534
Case: [2025] NSWPIC 534
Decision Date: 8 October 2025

CaseChat Overview and Summary

The case of Keremelevska v Qantas Airways Ltd was heard in the relevant Australian court, involving the applicant, Keremelevska, and the respondent, Qantas Airways Ltd. Keremelevska, an employee of Qantas, brought a claim for workers' compensation related to injuries sustained during her employment. The applicant alleged that she suffered a left knee injury on 21 May 2018 and subsequently experienced consequential conditions affecting her right lower extremity (ankle) and right upper extremity (shoulder). Additionally, she claimed to have suffered a frank injury to her right knee on 5 November 2020. The central dispute centred on the nature and extent of the injuries and the consequential conditions, as well as the appropriate compensation to be awarded.

The legal issues the court needed to address included whether the applicant's injuries were indeed work-related and whether the consequential conditions and the frank injury to her right knee qualified as compensable events under the Workers Compensation Act 1987. Furthermore, the court had to determine if the impairments arising from the consequential condition and the frank injury could be aggregated for the purpose of assessing compensation.

The court's reasoning involved a careful analysis of the evidence presented regarding the nature and origin of the injuries. It was established that the applicant did suffer a left knee injury on the specified date, which led to consequential conditions in her right extremities. However, the court found that there was an additional injury to her right knee, which needed to be assessed separately. Given the complexity of the injuries and the potential aggregation of impairments, the matter was remitted to the President for referral to a Medical Assessor. The court also adjourned the claim for medical expenses pending the outcome of the medical assessment. A further preliminary conference was scheduled to determine if any impairments to the right knee arising from the consequential condition and the frank injury could be aggregated.

In conclusion, the court did not make a final determination on the extent of compensation but instead directed that the matter be referred to a Medical Assessor for further evaluation. The claim for medical expenses and the aggregation of impairments were also adjourned pending the issuance of the medical assessment certificate. The final orders will be determined based on the outcomes of these assessments and further proceedings.

Orders