| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Khoury v Roosters Traffic Control Pty Ltd [2024] NSWPIC 307 |
| APPLICANT: | Tony Khoury |
| RESPONDENT: | Roosters Traffic Control Pty Ltd |
| MEMBER: | Sophie Jones |
| DATE OF DECISION: | 13 June 2024 |
| CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987; claim for compensation for permanent impairment pursuant to section 66; whether the applicant sustained a consequential condition at his lumbar spine as a result of the accepted workplace injuries; degree of permanent impairment resulting from injury; Held – the applicant sustained a consequential condition at his lumbar spine as a result of the accepted injuries to his right shoulder and cervical spine on 13 July 2016; the matter is remitted to the President for referral to a Medical Assessor for assessment of the degree of permanent impairment. |
| DETERMINATIONS MADE: | The Commission determines: 1. The applicant sustained a consequential condition at his lumbar spine as a result of the accepted injuries to his right shoulder and cervical spine on 13 July 2016. 2. The matter is remitted to the President for referral to a Medical Assessor for assessment as follows: (a) Date of injury: 13 July 2016 – personal injury (b) Body systems / parts: (i) right upper extremity (right shoulder) (ii) left upper extremity (left shoulder) – consequential condition (iii) spine (cervical spine) (iv) spine (lumbar spine) – consequential condition (v) TEMSKI / scarring (c) Method of assessment: whole person impairment. 3. The documents to be reviewed by the Medical Assessor are: (a) Application to Resolve a Dispute and attached documents, (b) Reply and attached documents, and (c) Application to Admit Late Documents and attached documents. |
STATEMENT OF REASONS
BACKGROUND
On 13 July 2016, Mr Tony Khoury (the applicant) sustained injuries while working as a traffic controller for Roosters Traffic Control Pty Ltd (the respondent).
The insurer accepted liability for injury to the applicant’s right shoulder and a consequential condition in his left shoulder occurring on 13 July 2016. The applicant underwent right shoulder surgery in October 2016 and further surgery to his right shoulder in January 2020. The applicant subsequently underwent left shoulder surgery in August 2022.
In earlier proceedings related to this matter, before the former Workers Compensation Commission, it was determined that the applicant also suffered a frank injury and consequential condition at his cervical spine on 13 July 2016 and that proposed cervical spine surgery was reasonably necessary.[1]
[1] Workers Compensation Commission matter 5380/18, Decision of Arbitrator Elizabeth Beilby, 13 December 2018. Application page 121.
The applicant underwent cervical spine surgery on 14 February 2019 performed by Dr Renata Abraszko and underwent bilateral carpal tunnel decompression surgery on 2 October 2018 and 11 June 2019, also performed by Dr Abraszko.
On 6 July 2020, the applicant underwent decompressive lumbar surgery at L4/5 and L5/S1 performed by Dr Abraszko, which was approved and paid for by the insurer.[2]
[2] Application to Admit Late Documents, pages 1-2.
The current proceedings relate to a claim made by the applicant on the insurer for compensation for permanent…
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- Case
- [2024] NSWPIC 307
- Decision Date
CaseChat Overview and Summary
The legal issues before the tribunal included determining whether Khoury's lumbar spine condition was indeed a consequential condition arising from his accepted injuries, and if so, to what extent this condition contributed to his overall permanent impairment. The tribunal also had to consider the relevant statutory provisions and any applicable case law to ensure that its decision was consistent with existing legal principles.
The tribunal found that Khoury did sustain a consequential condition at his lumbar spine as a result of his workplace injuries. This conclusion was based on the medical evidence presented, which demonstrated a causal link between the injuries and the lumbar spine condition. The tribunal held that the matter should be remitted to the President for referral to a Medical Assessor to evaluate the degree of permanent impairment resulting from the injuries, including the lumbar spine condition. This comprehensive assessment would provide a clearer picture of the extent of Khoury's permanent impairment and the corresponding compensation he is entitled to receive.
The tribunal's decision did not specify the final orders, as it was focused on the preliminary issue of whether Khoury's lumbar spine condition was a consequential injury. The matter was remitted to the President to facilitate a thorough assessment by a Medical Assessor.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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