Mann v Dahlsens Building Centres Pty Ltd - [2022] NSWPIC 599

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Mann v Dahlsens Building Centres Pty Ltd [2022] NSWPIC 599
APPLICANT:	Ross William Mann
RESPONDENT:	Dahlsens Building Centres Pty Ltd
Member:	Rachel Homan
DATE OF DECISION:	27 October 2022
CATCHWORDS:	WORKERS COMPENSATION - Claim for compensation pursuant to section 60 of the Workers Compensation Act 1987 for right hip surgery; accepted injuries to left hip; whether consequential right hip condition; inconsistency in treating surgeon’s reports regarding onset of right hip symptoms; Held – treating medical evidence revealed ongoing left hip symptoms of pain and restriction as well as limping and antalgic gait; treating evidence consistent in indicating a gradual onset of right hip symptoms in the context of ongoing issues with the left hip; inconsistently recorded history of traumatic injury in one of the treating surgeon’s reports likely to be an error and did not outweigh the otherwise consistent evidence regarding onset of symptoms; applicant’s medical evidence preferred; award in favour of the applicant.
determinations MADE:	1. The applicant sustained a consequential right hip condition as a result of the injuries to his left hip on 19 November 2004 and 28 June 2010. 2. The right hip arthroscopy proposed by Dr Parminder Singh is reasonably necessary as a result of the left hip injuries.
ORDERS made:	3. The respondent to pay the costs of and incidental to the right hip arthroscopy proposed by Dr Singh in accordance with s 60 of the Workers Compensation Act 1987.

STATEMENT OF REASONS

BACKGROUND

Mr Ross Mann (the applicant) was employed by Dahlsens Building Centres Pty Ltd (the respondent) as a truss maker between 2003 and 2012.
The applicant sustained an injury to his left hip on 19 November 2004 when he fell through a roof and landed heavily on his left hip.
The applicant sustained a further injury to the left hip on 28 June 2010 when he fell on a thin film of ice whilst carrying timber.
Liability for both injuries to the applicant’s left hip was accepted by the respondent’s insurer.
The applicant claims that as a result of the injuries to his left hip, he has sustained a consequential condition at his right hip.
On 10 September 2019, orthopaedic surgeon, Dr Parminder Singh, sought approval from the insurer for the applicant to undergo a right hip arthroscopy.
Liability for the proposed treatment was disputed in a notice issued pursuant to s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) on 13 November 2019. That decision was maintained following internal review in a further notice issued on 4 May 2020.
The present proceedings were commenced by an Application to Resolve a Dispute lodged in the Personal Injury Commission (the Commission) on 2 August 2022. The applicant seeks compensation pursuant to s 60 of the Workers Compensation Act 1987 (the 1987 Act) for the costs of and incidental to the surgery proposed by Dr Singh.

PROCEDURE BEFORE THE COMMISSION

The parties appeared for conciliation conference and arbitration hearing…

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: [2022] NSWPIC 599
Decision Date: 27 October 2022

CaseChat Overview and Summary

The case of Mann v Dahlsens Building Centres Pty Ltd involved a worker's compensation claim brought by the applicant against the respondent. The applicant sought compensation for right hip surgery, claiming the condition was a consequence of injuries to the left hip, which were accepted as compensable. The court had to determine whether the right hip condition was a direct result of the left hip injuries and assess the credibility and consistency of the medical evidence provided.

The primary legal issues were the causation of the right hip condition and the consistency of the medical evidence regarding the onset of symptoms in both hips. The court had to consider the treating surgeon’s reports, which provided varying accounts of the history of a traumatic injury to the right hip, and assess whether these discrepancies outweighed the otherwise consistent evidence about the gradual onset of right hip symptoms in the context of ongoing left hip issues.

In assessing the evidence, the court found that the treating surgeon's reports consistently indicated ongoing symptoms in the left hip, including pain, restriction, limping, and an antalgic gait. While there was inconsistency in the history of a traumatic injury to the right hip, this was likely an error and did not outweigh the otherwise consistent evidence regarding the gradual onset of right hip symptoms. The court preferred the applicant's medical evidence, finding it credible and consistent. As a result, the court awarded the applicant's claim for compensation for the right hip surgery, recognising the condition as a consequence of the accepted left hip injuries.

Orders