Mella v Inghams Enterprises Pty Ltd - [2022] NSWPIC 255

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Mella v Inghams Enterprises Pty Ltd [2022] NSWPIC 255
APPLICANT:	Susana Mella
RESPONDENT:	Inghams Enterprises Pty Ltd
MEMBER:	30 May 2022
DATE OF DECISION:	Philip Young
CATCHWORDS:	WORKERS COMPENSATION - Claim for weekly payments and past medical expenses; applicant leading hand alleges 3 episodes of physical injury (aggravation etc of the underlying degenerative lower back) and a consequential psychological condition; Held- injuries and consequential conditions established on the evidence; respondents attack applicant’s credit unsuccessful; award in favour of the applicant for weekly payments and general order section 60 of the Workers Compensation Act 1987 expenses.
DETERMINATIONS MADE:	1. The applicant in the course of her employment with the respondent suffered injury namely aggravation, acceleration, exacerbation or deterioration (aggravation (etc)) of her degenerative lower back condition (disease), specifically by reason of her employment as follows: (a) in April or May of 2014 when she fell off a chair; (b) between approximately July 2014 and August 2017 by reason of the nature and conditions of her employment, and (c) on 15 August 2018 when she slipped on a piece of chicken skin and fell to the ground. 2. In respect of each event of injury, the applicant’s employment was the main contributing factor to the aggravation (etc) of her disease. 3. After 15 August 2018 the applicant developed a consequential secondary psychological condition by reason of her suffering injury to her lower back on 15 August 2018. 4. Since 10 July 2019 the applicant has had no capacity for work which results from her injuries. 5. Award in favour of the applicant in respect of weekly payments of compensation pursuant to section 37 of the Workers Compensation Act 1987 (1987 Act) from 2 March 2020 to date and continuing in the sum of $961.87 per week (being $1,202.34 x 80%). 6. The respondent is directed to serve upon the applicant within 14 days a List of Payments made and the applicant is granted liberty to apply in respect of the above weekly payments award in the event that the first entitlement period of 13 weeks has not expired as at 2 March 2020. 7. The applicant is entitled to a general order in respect of section 60 expenses.

STATEMENT OF REASONS

BACKGROUND

Susana Mella (the applicant) is a 61-year-old lady who was employed by Inghams Enterprises Pty Ltd (the respondent) as a process worker and later as a leading hand. She alleges that she suffered a disease injury in the course of her employment. This injury is particularised as follows:
(a)    a disease contracted in the course of employment namely a degenerative spondylolisthesis due to the nature and conditions of employment up to the first date of incapacity;
(b)    discrete aggravations of disease in 2014 after falling off a chair and on 15 August 2018 after slipping on chicken skin, and
(c)       the injured worker last worked on or about 24 June 2019 (last date worked and deemed date of injury).[1]
[1] Application at page 7.

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 255
Decision Date: 30 May 2022

CaseChat Overview and Summary

The case of Mella v Inghams Enterprises Pty Ltd involved the applicant, Mella, who sought compensation from the respondents for injuries sustained during employment. The dispute centred on whether Mella had suffered three episodes of physical injury and a consequential psychological condition due to his employment. The matter was heard in the workers compensation court.

The primary legal issues the court had to address were the establishment of the physical injuries and psychological condition, as well as the credibility of the applicant’s evidence. The respondents contested the validity of the applicant’s claims, arguing that the injuries and psychological condition were either not work-related or were exaggerated. The court was required to determine whether the applicant’s evidence was reliable and whether the injuries were indeed attributable to the work environment.

In its decision, the court found that the applicant's evidence was credible and sufficient to establish the claimed injuries and psychological condition. The court dismissed the respondents' attempts to discredit the applicant’s credibility, finding that the applicant’s account of events was consistent and corroborated by medical evidence. As a result, the court awarded the applicant compensation for weekly payments and past medical expenses, in line with the provisions of the Workers Compensation Act 1987. The court’s ruling recognised the physical and psychological impacts of the applicant’s work-related injuries, emphasising the need for appropriate compensation.

The court’s final orders included the award of weekly payments to the applicant and reimbursement of past medical expenses under section 60 of the Workers Compensation Act 1987. The decision underscored the importance of recognising and compensating employees for work-related injuries and their consequences.

Orders