| DETERMINATION OF APPEAL PANEL | |
| CITATION: | Kurido v Dulux Group (Australia) Pty Ltd [2024] NSWPICMP 465 |
| APPELLANT: | Idris Ali Kurido |
| RESPONDENT: | Dulux Group (Australia) Pty Ltd |
| APPEAL PANEL | |
| MEMBER: | Catherine McDonald |
| MEDICAL ASSESSOR: | Professor Nicholas Glozier |
| MEDICAL ASSESSOR: | Michael Hong |
| DATE OF DECISION: | 17 July 2024 |
| CATCHWORDS: | WORKERS COMPENSATION - Workplace Injury Management and Workers Compensation Act 1998; appeal against medical assessment whole person impairment; psychological injury; application to rely on statement about conduct of examination declined; alleged error in assessment of social functioning under the permanent impairment rating scale; Lukacevic v Coates Hire Operations Pty Limited, Petrovic v BC Serv No 14 Pty Ltd, and State of New South Wales v Ali; Held – evidence supports the history obtained and assessment made by Medical Assessor; Medical Assessment Certificate confirmed. |
BACKGROUND TO THE APPLICATION TO APPEAL
On 14 February 2024 Idris Ali Kurido lodged an Application to Appeal Against the Decision of a Medical Assessor. The medical dispute was assessed by Medical Assessor Surabhi Verma, who issued a Medical Assessment Certificate (MAC) on 2 February 2024.
Mr Kurido relies on the following grounds of appeal under s 327(3)(b) and (d) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act):
· availability of additional relevant information (being additional information that was not available to, and that could not reasonably have been obtained by, the appellant before the medical assessment appealed against), and
· the MAC contains a demonstrable error.
The President’s delegate was satisfied that, on the face of the application, at least one ground of appeal was made out, being that in s 327(3)(d). We conducted a review of the original medical assessment, limited to the grounds of appeal on which the appeal is made.
Rule 128 of the Personal Injury Commission Rules 2021 (the PIC Rules) and Procedural Direction PIC7 – Appeals, reviews, reconsiderations and correction of obvious errors in medical disputes set out the practice and procedure in relation to the medical appeal process under s 328 of the 1998 Act. An Appeal Panel determines its own procedures in accordance with r 128(1) of the PIC Rules.
The assessment of permanent impairment is conducted in accordance with the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021 (the Guidelines) and the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed (AMA 5).
RELEVANT FACTUAL BACKGROUND
Mr Kurido was employed by Dulux Group Pty Ltd (Dulux) as an apprentice maintenance assistant when he suffered a psychological injury, which is deemed to have occurred on 20 August 2020. On 20 July 2021 a member of the Personal Injury Commission determined that Dulux was liable to pay compensation to Mr Kurido.
The Medical Assessor diagnosed an exacerbation of post-traumatic stress disorder. Assessing Mr Kurido under the Psychiatric Rating Scale (PIRS), she placed him in class 2 for each of self care and personal hygiene, social and recreational activities, travel and social functioning.…
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- Case
- [2024] NSWPICMP 465
- Decision Date
CaseChat Overview and Summary
The court considered the relevant statutory provisions and case law, including Lukacevic, Petrovic, and Ali. The court examined the evidence provided by Kurido and the Medical Assessor to assess whether the history obtained and the assessment made by the Medical Assessor were supported. The court concluded that the evidence supported the history obtained and the assessment made by the Medical Assessor. Therefore, the court upheld the Medical Assessment Certificate, finding no error in the assessment of Kurido’s social functioning.
The court’s reasoning was based on the weight of evidence and the statutory framework for assessing permanent impairment. The court found that the Medical Assessor’s assessment was consistent with the evidence and the applicable guidelines. The court dismissed Kurido’s appeal against the Medical Assessment Certificate, confirming the certificate as issued.
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Background
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Evidence
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