Lashbrook v Corestaff NSW Pty Ltd - [2023] NSWPIC 112

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Lashbrook v Corestaff NSW Pty Ltd [2023] NSWPIC 112
APPLICANT:	Jack Lashbrook
RESPONDENT:	Corestaff NSW Pty Ltd
Member:	Karen Garner
DATE OF DECISION:	17 March 2023
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for lump sum compensation for permanent impairment pursuant to section 66; applicant had accepted injury to his eyes, right hip and post-traumatic stress disorder; whether the applicant sustained injury to his cervical spine, lumbar spine and right shoulder pursuant to sections 4(a) and 9A; Held – applicant sustained injury to his cervical spine, lumbar spine and right shoulder arising out of his employment pursuant to sections 4(a) and 9A; matter remitted to the President of the Personal Injury Commission for referral to a Medical Assessor for assessment of permanent impairment.
determinations made:	The Commission determines: 1. The applicant sustained injury to his lumbar spine, cervical spine and right shoulder on 26 March 2020 arising out of and in the course of his employment with the respondent pursuant to s 4(a) of the Workers Compensation Act 1987 and his employment was a substantial contributing factor pursuant to s 9A(1) of the Workers Compensation Act 1987. 2. The matter is remitted to the President to be referred to a Medical Assessor for an assessment of whole person impairment in respect of the cervical spine, lumbar spine, right upper extremity (shoulder), right lower extremity (hip) and visual system in respect of injury on 26 March 2020. The Commission orders: 3. The matter is remitted to the President to be referred to a Medical Assessor for assessment as follows: Date of injury: 26 March 2020. Body parts: cervical spine; lumbar spine; right upper extremity (shoulder); right lower extremity (hip), and visual system. Method: whole person impairment. 4. The materials to be referred to the Medical Assessor are to include: (a) Application to Resolve a Dispute and all attachments; (b) Reply and all attachments, and (c) Application to Admit Late Documents dated 18 January 2023 and all attachments.

STATEMENT OF REASONS

BACKGROUND

Jack Lashbrook (the applicant) is 29 years old and was employed by Corestaff NSW Pty Ltd (the respondent) as an electrician.
The applicant alleges that he sustained injury to his lumbar spine, cervical spine, right shoulder, both eyes (ARC flash), right hip and psychological/psychiatric injury (post-traumatic stress disorder) from an electrical explosion whilst he was working on 26 March 2020.
The applicant completed a Worker’s Injury Claim Form dated 13 October 2020.[1]
[1] Reply, page 13.
By a claim dated 30 June 2022,[2] the applicant made a claim for permanent impairment lump sum compensation (permanent impairment compensation) pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act) for 21% whole person impairment (WPI) in respect of injury to the “Spine, Right upper limb and eyes” with a date of injury of 26 March 2020. The claim attached reports of Dr Steiner dated 12 April 2022 and Dr Bodel dated 20 June 2022.
[2] ARD, page 8.
By notice…

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

Case: [2023] NSWPIC 112
Decision Date: 17 March 2023

CaseChat Overview and Summary

In this case, the applicant, Lashbrook, sought a lump sum compensation for permanent impairment pursuant to section 66 of the Workers Compensation Act 1987. Lashbrook had previously accepted injuries to his eyes, right hip, and post-traumatic stress disorder. The dispute centred around whether he had also sustained injuries to his cervical spine, lumbar spine, and right shoulder, which would entitle him to additional compensation. The case was heard in the relevant court, where the presiding judge examined the evidence and arguments presented by both parties.

The primary legal issues the court had to decide were whether Lashbrook's injuries to his cervical spine, lumbar spine, and right shoulder arose out of and in the course of his employment, as required by sections 4(a) and 9A of the Workers Compensation Act 1987. The court had to carefully assess the medical evidence and the circumstances surrounding the injuries to determine their origin and relation to his employment. Additionally, the court considered whether the injuries were compensable under the Act.

The court found that Lashbrook did sustain injuries to his cervical spine, lumbar spine, and right shoulder, which arose out of and in the course of his employment, pursuant to sections 4(a) and 9A. The judge concluded that the applicant's injuries were indeed work-related and thus compensable. The case was remitted to the President of the Personal Injury Commission for further assessment of Lashbrook's permanent impairment by a Medical Assessor. The court's decision highlighted the importance of thorough medical evidence and the need for a detailed analysis of the circumstances surrounding the injuries in workers' compensation claims.

The final orders of the court were that Lashbrook's injuries to his cervical spine, lumbar spine, and right shoulder were compensable, and the matter was to be referred to a Medical Assessor for the assessment of his permanent impairment. This ruling ensures that Lashbrook will receive the appropriate compensation for all his work-related injuries.

Orders