Lu v Randstad Pty Limited - [2021] NSWPIC 113

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Lu v Randstad Pty Limited [2021] NSWPIC 113
APPLICANT:	Zhibin Lu
RESPONDENT:	Randstad Pty Limited
MEMBER:	Mr John Isaksen
DATE OF DECISION:	10 May 2021
CATCHWORDS:	WORKERS COMPENSATION- Claim for weekly payments of compensation, medical expenses and permanent impairment due to psychological injury that results from crush injury to hand and claim for injury to lumbar spine from the same incident; consideration of medical evidence in relation to several possible psychological conditions; whether the applicant sustained a primary psychological injury and/or secondary psychological injury; reference to State of NSW (Department of Education) v Kaur, Cannon v The Healthy Snack People P/L and RSL (Qld) War Veteran’s Homes Ltd v Watkins; whether weekly payments can be awarded for no current work capacity pursuant to section 38 of 1987 Act; Held – worker sustained a primary psychological injury and secondary psychological injury in the course of his employment; worker sustained an injury to his lumbar spine in same incident; worker has had no current work capacity since 16 July 2020 as a result of psychological injury; award of weekly payments of compensation for no current work capacity, medical expenses and referral to Medical Assessor for assessment of permanent impairment for primary psychological injury.
DETERMINATIONS MADE:	1. The applicant sustained a primary psychological injury in the course of his employment with the respondent on 4 June 2018. 2. The applicant sustained a secondary psychological injury as a consequence of a physical injury sustained in the course of his employment with the respondent on 4 June 2018. 3. The applicant sustained an injury to his lumbar spine in the course of his employment with the respondent on 4 June 2018. 4. The applicant has had no current work capacity since 16 July 2020.
ORDERS MADE	1. The respondent is to pay weekly payments of compensation to the applicant as follows: (a) $975.88 per week from 16 July 2020 to 25 November 2020 pursuant to section 37 (1) of the Workers Compensation 1987, and (b) $975.88 per week from 26 November 2020 to date and continuing pursuant to section 38 (2) of the Workers Compensation 1987. 2. The respondent is to pay the applicant’s reasonably necessary medical expenses for treatment for the injury to the applicant’s left middle finger, lumbar spine and psychological injury. 3. This matter is remitted to the President for referral to a Medical Assessor as follows: Date of injury: 4 June 2018 Body Part: Primary psychological injury Method of Assessment: Whole Person Impairment 4. The following documents are to be forwarded to the Medical Assessor: (a) Application to Resolve a Dispute (ARD) and attached documents; (b) Reply and attached documents; (c) Application to Admit Late Documents filed by the respondent on 26 April 2021; (d) This Certificate of Determination and Statement of Reasons.

STATEMENT OF REASONS

BACKGROUND

The applicant, Zhibin Lu, sustained a crush injury to his left middle finger on 4 June 2018 while employed with the respondent, Randstad Pty Limited.
At the time…

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: [2021] NSWPIC 113
Decision Date: 10 May 2021

CaseChat Overview and Summary

The case of Lu v Randstad Pty Limited involved the applicant, Lu, who sought weekly payments of compensation, medical expenses, and assessment of permanent impairment due to psychological injuries and a lumbar spine injury that arose from the same incident. The dispute was heard and determined by the Industrial Relations Commission of New South Wales. The primary contention was whether the applicant had sustained primary or secondary psychological injuries and whether he had sustained a lumbar spine injury as a result of the same incident. Additionally, the court considered whether weekly payments could be awarded for no current work capacity under section 38 of the Workers Compensation Act 1987.

The court was tasked with interpreting the applicant’s medical evidence and determining the nature of his psychological injuries. It needed to decide if the psychological injuries were primary, arising directly from the traumatic incident, or secondary, developing later as a result of the primary injury. The court also considered whether the lumbar spine injury sustained in the same incident contributed to the applicant’s inability to work. In its reasoning, the court referred to precedent cases such as State of NSW (Department of Education) v Kaur, Cannon v The Healthy Snack People P/L, and RSL (Qld) War Veteran’s Homes Ltd v Watkins to assist in its determination.

The court concluded that the applicant sustained both primary and secondary psychological injuries and a lumbar spine injury from the same incident. It found that the applicant had no current work capacity since 16 July 2020 due to the psychological injuries. Accordingly, the court awarded weekly payments of compensation for the period of no current work capacity, medical expenses, and referred the matter to a Medical Assessor for assessment of permanent impairment for the primary psychological injury.

Orders