Morris v Affinity Health Pty Ltd - [2022] NSWPIC 142

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Morris v Affinity Health Pty Ltd [2022] NSWPIC 142
APPLICANT:	Sarah Morris
RESPONDENT:	Affinity Health Pty Ltd
MEMBER:	Brett Batchelor
DATE OF DECISION:	5 April 2022
CATCHWORDS:	WORKERS COMPENSATION - Claims for weekly benefits, section 60 of the Workers Compensation Act 1987 (1987 Act) expenses and lump sum compensation by nurse alleging aggravation of cervical spondylosis as a result of a frank incident; the respondent employer denied liability, placing in issue injury of section 4 of the 1987 Act, substantial contributing factor/main contributing factor sections 9A & 4 (b) of the 1987 Act, capacity section 33 of the 1987 Act and the reasonable necessity for treatment expenses section 60 of the 1987 Act; the respondent denied the occurrence of the incident in which the applicant claims she was injured, or alternatively that any such incident aggravated the pre-existing cervical spondylosis; detailed examination of applicant’s evidence, contemporaneous evidence, evidence of treating neurosurgeon and qualified neurosurgeon; the respondent tendered no medical evidence; award for the applicant in respect of injury/main contributing factor thereto; respondent ordered to pay weekly benefits pursuant to section 37 and expenses pursuant to section 60 of the 1987 Act; Held- matter referred to Medical Assessor for assessment of permanent impairment; leave to parties to relist matter if necessary after issue of Medical Assessment Certificate if whole person impairment greater than 30% as found by the applicant’s qualified neurosurgeon.
DETERMINATIONS MADE:	1. The applicant sustained injury arising out of or in the course of her employment on 12 December 2019. 2. Such injury was the aggravation of the disease injury pf cervical spondylosis to which the applicant’s employment with the respondent was the main contributing factor. 3. The respondent is to pay the applicant $747 per week from 23 September 2020 to date and continuing pursuant to s 37 of the Workers Compensation Act 1987. 4. The respondent is to pay the applicant’s costs and expenses pursuant to s 60 of the Workers Compensation Act 1987. 5. The matter is remitted to the President for referral to a Medical Assessor for assessment of permanent impairment as a result of injury on 12 December 2019. 6. The documents to be referred to the Medical Assessor are: (a) Application to Resolve a Dispute and attachments; (b) Reply and attachments; (c) Application to Admit Late Documents dated 10 March 2022 lodged by the applicant and attachments; (d) Application to Admit Late Documents dated 7 March 2022 lodged by the respondent and attached documents, and (e) Application to Admit Late Documents dated 29 March 2022 lodged by the respondent and attached late document. 7. The parties have leave to list the matter for further telephone conference, if necessary, after the issue of the Medical Assessment Certificate by the Medical Assessor and completion of any appeal consequent upon the issue of such Certificate.

STATEMENT OF REASONS

BACKGROUND

Sarah Morris (the applicant/Ms Morris) claims compensation for weekly benefits from 23 September 2020 to date and continuing, medical…

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.

Continue reading Morris v Affinity Health Pty Ltd

Details

AGLC: Morris v Affinity Health Pty Ltd [2022] NSWPIC 142
Case: [2022] NSWPIC 142
Decision Date: 5 April 2022

CaseChat Overview and Summary

The case of Morris v Affinity Health Pty Ltd involved a claim by the applicant, a nurse, against her employer, Affinity Health Pty Ltd, for workers compensation benefits. The applicant alleged that she suffered aggravation of her pre-existing cervical spondylosis due to a work-related incident, and sought weekly benefits, expenses, and lump sum compensation under the Workers Compensation Act 1987 (1987 Act). The employer denied liability, disputing both the occurrence of the incident and its contribution to the applicant's condition.

The central legal issues before the court included whether the applicant had sustained an injury as defined by section 4 of the 1987 Act, whether the incident was a substantial or main contributing factor to the applicant's condition under sections 9A and 4(b) of the Act, and whether the treatment expenses claimed were reasonably necessary under section 60 of the 1987 Act. Additionally, the court had to determine the applicant's capacity under section 33 of the Act. The employer did not provide any medical evidence in response to the applicant's claims.

The court found in favour of the applicant, concluding that she had sustained an injury that was the main contributing factor to her condition. The employer was ordered to pay weekly benefits under section 37 and to cover treatment expenses under section 60 of the 1987 Act. The matter was referred to a Medical Assessor to assess the applicant's permanent impairment, with a view to relisting if the whole person impairment exceeded 30%, as determined by the applicant's qualified neurosurgeon.

Orders