Nuku v Inghams Enterprises Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Nuku v Inghams Enterprises Pty Ltd & Ors [2024] NSWPIC 196

APPLICANT:

Mele Nuku

RESPONDENT:

Inghams Group Ltd

PRINCIPAL MEMBER:

John Harris

DATE OF DECISION:

18 April 2024

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; the applicant worked in heavy and repetitive work over 18 years; allegations of injury to various body parts; medical evidence did not explain some allegations of injury; Hancock v East Coast Timber Products Pty Ltd applied; finding of injury to arms/wrists and neck pursuant to section 4(b)(ii); capacity; use of histories of occupation experience contained in medical reports; Guthrie v Spence and section 43(2) of the Personal Injury Commission Act referred to; Byrom v Inghams Enterprises Pty Ltd not applied; findings made that applicant had an ability to work in suitable employment of 38 hours per week in light manual work assessed based on the minimum wage; Held – orders made for weekly compensation.

DETERMINATIONS MADE:

The Commission determines:

Findings

1. The employment is the main contributing factor to the aggravation of the disease within the meaning of s 4(b)(ii) of the Workers Compensation Act 1987 (the 1987 Act) for the hands, wrists and cervical spine deemed to have occurred on 1 February 2022.

2.     The applicant has not satisfied that the employment was the main contributing factor to either the contraction or the aggravation, deterioration, acceleration or exacerbation of the disease in the knees and lumbar spine pursuant to s 4(b) of the 1987 Act.

Orders

3.     Order in favour of the respondent in respect of the allegation of injury to the knees and the lumbar spine.

4.     The respondent pays the applicant weekly compensation pursuant to s 37 of the 1987 Act as follows:

(a)    $219.54 per week from 2 May 2022 to 30 June 2022;

(b)    $179.54 per week from 1 July 2022 to 30 June 2023, and

(c)    $109.54 per week from 1 July 2023 to date and continuing.

STATEMENT OF REASONS

BACKGROUND

1. Ms Mele Nuku (the applicant) was employed by Inghams Group Ltd (the respondent) from August 2004 to February 2022.

2. The nature of the heavy repetitive work duties was described by the applicant in the following uncontracted manner:[1]

   [1] Application, pages 1-2.

   “My employment with the Respondent involved frequent and strenuous use of my body including the use of my right wrist, right shoulder, left wrist, let shoulder, neck, back, left leg, and right leg and was stressful….

   Working on the turkey boning line involved the following, which were all done standing:

   (a)  There were four stages on the line and we changed position every half hour. We also change between boning out the white meat from the upper half of the turkey, and boning out the dark meat from the bottom half of the bird, although the duties with each were very similar.

   (b)   The first job was hanging the turkeys. The turkeys were already cut into two (i.e. into upper and lower halves). The halves would drop from a…