Malone v Hunter Recruitment Solutions Pty Ltd - [2024] NSWPIC 713

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Malone v Hunter Recruitment Solutions Pty Ltd [2024] NSWPIC 713
APPLICANT:	Ricky Malone
RESPONDENT:	Hunter Recruitment Solutions Pty Limited
MEMBER:	Fiona Seaton
DATE OF DECISION:	19 December 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for lump sum compensation for permanent impairment pursuant to section 66; undisputed right ankle injury, disputed complex regional pain syndrome and consequential lumbar spine condition; Held – whether the applicant has complex regional pain syndrome to be determined by a Medical Assessor; applicant sustained a consequential lumbar spine condition; matter remitted to President for referral to a Medical Assessor.
DETERMINATIONS MADE:	The Commission determines: 1. Whether the applicant has a rateable diagnosis of complex regional pain syndrome (CRPS) is a matter for assessment by a Medical Assessor. 2. The applicant has sustained a consequential lumbar spine condition as a result of the accepted right ankle injury of 25 November 2018. The Commission orders: 3. I remit this matter to the President for referral to a Medical Assessor pursuant to s 321 of the Workplace Injury Management and Workers Compensation Act 1998 for assessment as follows; Date of injury: 25 November 2018. Body systems/parts: right lower extremity (ankle), including CRPS referable to the right ankle injury, if the diagnostic criteria for the CRPS are present, lumbar spine (consequential injury). Method of assessment: whole person impairment. 4. The documents to be reviewed by the Medical Assessor are: (a) the Application to Resolve a Dispute and attached documents, and (b) the Reply and attached documents.

STATEMENT OF REASONS

BACKGROUND

The applicant Mr Ricky Malone was employed by the respondent Hunter Recruitment Solutions Pty Limited as a construction supervisor at the Westconnex site at Arncliffe. On
25 November 2018 the applicant was working on the night shift in a tunnel approximately
40m underground. He stood on the side of a hob to check access for removing a steel platform and as he grabbed a column to pull himself up he slipped and fell sideways and injured his right ankle. He also alleges he has developed complex regional pain syndrome (CRPS) and pain in his lower back.
The respondent issued a dispute notice under s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) on 27 September 2024. While liability for the applicant’s right ankle injury is accepted, CRPS and a consequential lumbar spine condition are disputed.
An Application to Resolve a Dispute (ARD) was lodged with the Personal Injury Commission (Commission) on 2 October 2024. The applicant brings a claim for lump sum compensation for 43% whole person impairment for the right lower extremity, lumbar spine and chronic pain.
The dispute was listed for conciliation conference and arbitration hearing for determination of whether the applicant has sustained CRPS and a consequential lumbar spine injury. The respondent agrees the right lower extremity (ankle) injury is to be referred for medical assessment.

ISSUES FOR DETERMINATION

The parties agree that the following issues remain in dispute:
(a) whether…

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: [2024] NSWPIC 713
Decision Date: 19 December 2024

CaseChat Overview and Summary

In the case of Malone v Hunter Recruitment Solutions Pty Ltd, the applicant, Malone, sought a lump sum compensation for permanent impairment under the Workers Compensation Act 1987. Malone suffered an injury to his right ankle, which was undisputed by the respondent, Hunter Recruitment Solutions Pty Ltd. However, the respondent contested the existence of complex regional pain syndrome (CRPS) and a consequential lumbar spine condition, both of which Malone claimed resulted from the initial ankle injury.

The primary legal issue for the court was whether Malone indeed suffered from CRPS and the lumbar spine condition, and if these conditions were a direct consequence of the ankle injury. The court needed to determine whether these claims were valid and, if so, to what extent they contributed to Malone's permanent impairment. The court had to assess the medical evidence presented and decide on the appropriate compensation if the claims were substantiated.

The court concluded that the existence of CRPS and the lumbar spine condition required further medical assessment, as these were contentious points in the case. The matter was remitted to the President of the tribunal for referral to a Medical Assessor to determine these issues. The court held that Malone's ankle injury was undisputed but found that the complex regional pain syndrome and the lumbar spine condition needed expert evaluation. The court did not make a final determination on the compensation amount but instructed that the matter be referred back for a thorough medical assessment before proceeding further.

Orders