Lambropoulos v Qantas Airways Limited

DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:	Lambropoulos v Qantas Airways Limited [2019] NSWWCCPD 17
APPELLANT:	George Lambropoulos
RESPONDENT:	Qantas Airways Limited
INSURER:	Self-insured
FILE NUMBER:	A1-4132/18
ARBITRATOR:	Mr G Egan
DATE OF ARBITRATOR’S DECISION:	2 November 2018
DATE OF APPEAL DECISION:	3 May 2019
SUBJECT MATTER OF DECISION:	Admission of additional documents – CHEP Australia Limited v Strickland [2013] NSWCA 351; 12 DDCR 501 applied; monetary threshold required by s 352(3) of the Workplace Injury Management and Workers Compensation Act 1998; application of Abu-Ali v Martin-Brower Australia Pty Ltd [2017] NSWWCCPD 25, Anderson v Secretary, Department of Education [2018] NSWWCCPD 32
PRESIDENTIAL MEMBER:	Deputy President Elizabeth Wood
HEARING:	On the papers
REPRESENTATION:	Appellant:	Self-represented
Respondent:	HWL Ebsworth
ORDERS MADE ON APPEAL:	1.     The monetary thresholds in s 352(3) of the Workplace Injury Management and Workers Compensation Act 1998 are not satisfied, and there is no right of appeal.

INTRODUCTION AND BACKGROUND

1. Mr George Lambropoulos (the appellant) was employed by Qantas Airways Limited (the respondent) as a Ramp Officer, and was required to load cargo and luggage onto and off planes.

2. The appellant was injured on 3 July 2010 when he was pulling trailers with a “tug” vehicle, which was struck from behind by another large vehicle. The appellant’s vehicle was stationary at the time, as he was giving way to a plane. Liability for injury to the cervical and thoracic spines was ultimately accepted by the respondent, as well as liability for gastrointestinal symptoms that arose as a consequence of the ingestion of medication taken in respect of the accepted injuries.

3. In these proceedings, the appellant applied for an assessment by an Approved Medical Specialist (AMS) in order to be assessed for the purposes of ascertaining whether he suffered from a whole person impairment of greater than 20%, which would entitle him to claim continuing weekly payments beyond the first 260 weeks of weekly compensation, pursuant to s 39 of the Workers Compensation Act 1987 (the 1987 Act).

4. The injury was described in Part 4 of the Application for Assessment by an Approved Medical Specialist (the Application), and included whiplash injury, injury to the cervical spine, thoracic spine, right shoulder, right arm, right hand, left shoulder, left arm, left hand and gastro-intestinal tract.

5. The respondent disputed liability for the left and right shoulders and any consequential condition in respect of the appellant’s reproductive organs.

6. The matter proceeded to arbitration on 30 October 2018, at which time the appellant was represented by counsel and an instructing solicitor.

7. At the arbitration, the appellant applied to have a bundle of documents admitted under cover of an Application to Admit Late Documents dated 24 October 2018 (the AALD). The Arbitrator declined to admit the documents, except for a clinical note from Immex Green Square Medical Centre, which contained a clinical attendance note dated 3 July 2010.

8. The Arbitrator determined that he was not satisfied the appellant had suffered injury to either shoulder,…