Odisho v Authentic Security Pty Ltd

DETERMINATION OF APPEAL PANEL
CITATION:	Odisho v Authentic Security Pty Ltd [2023] NSWPICMP 597
APPELLANT:	Ashur Odisho
RESPONDENT:	Authentic Security Pty Ltd
APPEAL PANEL
MEMBER:	Deborah Moore
MEDICAL ASSESSOR:	Nicholas Glozier
MEDICAL ASSESSOR:	Michael Hong
DATE OF DECISION:	20 November 2023
CATCHWORDS:	WORKERS COMPENSATION - The appellant submitted that the Medical Assessor (MA) erred in his assessments with respect to a number of the psychiatric impairment ratings scale (PIRS) categories, namely travel, social functioning, concentration, persistence and pace and employability; the appellant also submits that the MA erred in failing to make an adjustment for the effects of treatment; panel held no errors except for employability; On re-examination, Panel held the appellant was significantly impaired in this category; Held – Medical Assessment Certificate revoked.

BACKGROUND TO THE APPLICATION TO APPEAL

On 14 July 2023 Ashur Odisho (the appellant) lodged an Application to Appeal Against the Decision of a Medical Assessor. The medical dispute was assessed by Dr Wayne Mason, a Medical Assessor, who issued a Medical Assessment Certificate (MAC) on
19 June 2023.
The appellant relies on the following grounds of appeal under s 327(3) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act):
· the assessment was made on the basis of incorrect criteria, and
· the MAC contains a demonstrable error.
The delegate is satisfied that, on the face of the application, at least one ground of appeal has been made out. The Appeal Panel has conducted a review of the original medical assessment but limited to the ground(s) of appeal on which the appeal is made.
Rule 128 of the Personal Injury Commission Rules 2021 (the PIC Rules) and Procedural Direction PIC7 - Appeals, reviews, reconsiderations and correction of obvious errors in medical disputes set out the practice and procedure in relation to the medical appeal process under s 328 of the 1998 Act. An Appeal Panel determines its own procedures in accordance with r 128(1) of the PIC Rules.
The assessment of permanent impairment is conducted in accordance with the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4^th ed
1 March 2021 (the Guidelines) and the American Medical Association Guides to the Evaluation of Permanent Impairment, 5^th ed (AMA 5).

PRELIMINARY REVIEW

The Appeal Panel conducted a preliminary review of the original medical assessment in the absence of the parties and in accordance with the Procedural Direction PIC7.
As a result of that preliminary review, the Appeal Panel determined that the worker should undergo a further medical examination because the Panel determined that the Medical Assessor erred with respect to his assessments in the psychiatric impairment rating scale (PIRS) categories of Travel and Employability.

EVIDENCE

Documentary evidence

The Appeal Panel has before it all the documents that were sent to the Medical Assessor for the original medical assessment and has taken them into account in making this determination.

Further medical examination

Professor Nicholas Glozier of the Appeal Panel conducted an examination of the worker on
8 November 2023 and reported to the Appeal Panel.

SUBMISSIONS

Both parties made written submissions. They are not repeated in full, but have been considered by the Appeal Panel.
In summary, the appellant submits that the Medical Assessor erred in his assessments with respect to a number of the PIRS categories, namely Travel, Social Functioning, Concentration, Persistence and Pace and Employability. In addition, the appellant also submits that the Medical Assessor erred in failing to make an adjustment for the effects of treatment.
In reply, the respondent (Authentic Security Pty Ltd) submits that no errors were made.

FINDINGS AND REASONS

The procedures on appeal are contained in s 328 of the 1998 Act. The appeal is to be by way of review of the original medical assessment but the review is limited to the grounds of appeal on which the appeal is made.
In Campbelltown City Council v Vegan [2006] NSWCA 284 the Court of Appeal held that the Appeal Panel is obliged to give reasons. Where there are disputes of fact it may be necessary to refer to evidence or other material on which findings are based, but the extent to which this is necessary will vary from case to case. Where more than one conclusion is open, it will be necessary to explain why one conclusion is preferred. On the other hand, the reasons need not be extensive or provide a detailed explanation of the criteria applied by the medical professionals in reaching a professional judgement.
The appellant was referred to the Medical Assessor for assessment of whole person impairment (WPI) in respect of a primary psychological injury deemed to have occurred on 28 June 2019.
The Medical Assessor set out the history he obtained as follows:
“He commenced work with Authentic Security Pty Ltd in September 2018 and was employed for 10 months before he stopped work because of difficulties with 3 different employees.
He was employed in security as a cash and transit operator. His role was to accompany the driver, an armed security guard, in an unidentified vehicle to transport cash between clients’ premises and banks…
He complained of abuse by 3 of the drivers. He said Mr Rommel D’Cruz was lazy and arrogant, swore at him, harassed him, constantly spoke on the telephone while driving and forced Mr Odisho to do the heavy work of transporting the coins without helping him.
Another driver, Mr Nathan Hollingsworth, was similar. He was arrogant and rude. He complained Mr Hollingsworth lied to the manager after he damaged the vehicle while reversing. He blamed Mr Odisho for not keeping a proper lookout. He said he did not swear but his behaviour towards him was rude. Mr Odisho made no reference to being homosexually propositioned by Mr Hollingsworth so I questioned him about this at the end of the interview. He said in fact it was not that severe but he took it as an offence and complained to management. He said it was just part of things building up and he was unable to take it anymore.
Mr Odisho had difficulty remembering the name of the third employee but thought it might be John (presumably Mr John Marsi). He said he was ‘swearing really bad’ [sic] at him and was aggressive. Mr Odisho said he was embarrassed because John raised his voice and swore at him in the Sutherland ANZ Bank. Later while they were travelling in the vehicle John continued to swear at him and was yelling abusive material and put his hand down to his side where he kept his gun. Mr Odisho said in response to my direct question that he was not scared but he was worried. He said he felt like a hostage in that car and he sat turned side on facing towards John so he could see what he was doing and could grab his hand if he needed to do so. He said John gradually settled down as they got closer to the depot. Mr Odisho said he was really shocked and spoke to the manager about it but John tried to eavesdrop on his conversation. He said the next day the manager told him John has done this sort of thing before e. Mr Odisho said he lodged a complaint with NSW Crimestoppers who advised him to go to the police. He said he did not want to do this to avoid being triggered by flashbacks…He said John was so aggressive he feared he would do something.
Mr Odisho said he did not feel safe in the company so he decided to leave. He said he often had to come home at the end of the day and write reports and it just became too much for him. He said despite requesting not to work with John again he was rostered with him on another occasion.
When asked to describe symptoms Mr Odisho said he felt emotional and upset and lost interest due to the way he was being treated. He said he became depressed and would eat chocolates late at night and he gained weight. He said he stopped walking for exercise. He said he would blow up easily, had difficulty sleeping and experienced nightmares. He said he did not know what to do so he consulted GP Dr Emil Guirgis in Fairfield who gave him the name of a solicitor and then the insurer accepted liability.
I asked if he had sought treatment and he said his GP initially referred him to psychiatrist Dr Samir Benjamin. He believes he saw him on a monthly basis on more than 5 occasions but cannot really remember when he last saw him. He was then referred to psychiatrist Dr Eddie So at Burwood and believes he saw him ‘a lot of times’ up until July 2022…
Mr Odisho was also referred to psychologist Mr Medhat Metry and he saw him fortnightly, the last time being over 1 year ago. He was not sure if this treatment was helpful. Medication prescribed consisted of amitriptyline 25 mg at night, escitalopram 10 mg at night, quetiapine 100 mg in the afternoon for depression (I note this is an atypical antipsychotic with anxiolytic effects and is not an antidepressant), and agomelatine 25 mg…”
After setting out details of the appellant’s present treatment, symptoms, general health and work history, the Medical Assessor then turned to consider the impact of Mr Odisho’s injury on his social activities and activities of daily living (ADL’s) and said:
“When asked to describe a normal day Mr Odisho said he stays at home and either sits or sleeps. He said he falls asleep easily. He eats with his father but otherwise stays in his room.
Self-care and personal hygiene: Mr Odisho said he tries to push himself and manages to shower twice weekly. He said he does not bother to shave. He said he tries to eat properly and has lost some weight. He relies on food being brought to him by his brother or sister-in-law and said his brother needs to push him to take a shower. I note Mr Odisho was neatly groomed with a neatly trimmed beard and well cut hair. On the basis of his appearance he is unimpaired. On the basis of his history he is moderately impaired.
Social and recreational activities: Mr Odisho said friends call him up from time to time but he sometimes avoids their calls. He said he does not go out with them. However they do call around to say hello intermittently. When asked if he had any hobbies he said he is trying to learn to become a pilot. He showed me his work desk which has many aviation related textbooks. He said in the past he did like training and weight lifting, as well as hiking and soccer. Now he goes for a walk occasionally. On the basis of the history provided he is moderately impaired.
Travel: Mr Odisho said he is able to drive and use public transport. He travelled to California in 2018 and has plans to visit Switzerland. He is unimpaired.
Social functioning: Mr Odisho said he does not have a girlfriend. He does get along well with his father and brothers but said sometimes he can get upset quickly and become angry. He spends a lot of time in his room. As noted above some friends keep in touch with him. He is mildly impaired.
Concentration, persistence and pace: Mr Odisho said his concentration is not 100% and he does tend to get overwhelmed when he is reading. He says this means he has to read passages again. He enjoys listening to relaxing music. He does not watch television but he does look at YouTube videos in relation to National Geographic and the environment. He said from time to time he studies and reads for his commercial pilot's license. There was no evidence of impaired concentration throughout the interview. He did not have difficulty with persistence and pace throughout the interview. He is mildly impaired.
Employability: Mr Odisho said he does need to be retrained and he wants to work in a nice environment. He thinks he may be able to work as a sales representative putting orders through. He said he could imagine working for Coca-Cola in such a capacity. He said he wants to work full-time but he worries he will get overwhelmed. On the basis of these statements, his presentation throughout the interview and his ongoing aviation studies he is likely to be able to work less than 20 hours/week in a different position. He is moderately impaired…
He went on to say that his brother does need to cook for him because something stops him from doing it but he does not know why or what it is. He said if food was not brought by family members he would eat from tins.”
Findings on examination were reported as follows:
“Mr Odisho was neatly dressed and well presented… He was an appropriate and cooperative interviewee. He provided information willingly and without prompting. He made good eye contact and spoke softly but clearly throughout the interview. He was neither anxious nor depressed in appearance. There was no pain behaviour. He was a vague historian, especially in regard to his psychiatric symptoms. In particular he described no symptoms apart from nightmares consistent with post-traumatic stress disorder. His range of affective expression was full and appropriate. His description of the incidents in the workplace did not appear to cause him any form of distress.
Mr Odisho was fully oriented in time, person and place and displayed no evidence of organic or psychotic psychopathology.”
The Medical Assessor then summarised the injuries and diagnoses as follows:
“Mr Odisho described ongoing exposure to harassment, denigration and abuse by 3 different fellow workers during his period of employment. This culminated in his sense of feeling held hostage in a motor vehicle by an enraged coworker and fearing he would be shot. As a consequence he was unable to continue in the position.
He described psychological injuries consistent with an adjustment disorder with mixed anxiety and depressed mood. While he did feel threatened, he did not describe symptoms consistent with DSM-5 post-traumatic stress disorder. Nor did he present with symptoms and signs consistent with a major depressive disorder. However, he did describe ongoing low level symptoms of both anxiety and depression which in my opinion are consistent with DSM-5 adjustment disorder with mixed anxiety and depressed mood.
There was a degree of inconsistency between the claimed symptoms and impairments and his presentation at interview as described in the mental state examination (See section 5 above). The ongoing aviation studies are also inconsistent with his claimed psychiatric difficulties.”
The Medical Assessor assessed 13% WPI.
He then turned to consider the other medical opinions and said:
“Psychiatrist Dr Shannon Paisley provided an IME report dated 23 June 2022. At that time medication was Lexapro 20 mg daily for depression and Lyrica for pain. He diagnosed major depressive disorder using DSM-5 criteria. He noted some PTSD symptoms were present but full criteria were not met. He believed his condition had stabilised and assessed whole person impairment at 22% (232335). With a 1% treatment effect allowance the total was 23%. I agree with the fact that he does not suffer post-traumatic stress disorder. In my opinion he does not satisfy DSM-5 criteria for major depressive disorder.
Treating psychiatrist Dr Eddie So provided a series of reports between 7 April 2021 and 22 April 2022. He diagnosed a chronic anxiety disorder with recurrent PTSD symptoms…
Psychiatrist Dr Tanveer Ahmed provided an IME report dated 27 May 2021. He provided a description of his work injury. He diagnosed an adjustment disorder with mixed anxiety and depressed mood which had become chronic. He opined some of the difficulty in returning to work was due to the inflexibility of Mr Odisho's expectations. I agree with the diagnosis made by Dr Ahmed.
Psychiatrist Dr Yajuvendra Bisht provided an IME report dated 9 January 2023. Medication was Lexapro, Valdoxan and Lyrica. He noted the presence of back pain. He diagnosed major depressive disorder according to DSM-5 criteria. He estimated a capacity to work 4 hours/day on 3 days/week in a less stressful position. He assessed whole person impairment at 15% (232323) and then deducted 10% according to the provisions of s.323(2), resulting in a final figure of 14%. I did not obtain a history consistent with major depressive disorder. Nor did I obtain a history of a pre-existing psychiatric condition for which apportionment was necessary. I also did not obtain a history of impairment as severe as indicated by Dr Bisht.”
The appellant makes the following submissions:
Travel
(a)    Dr Mason assessed Class 1. Dr Mason attributes his assessment to the fact that the Appellant said he is able to drive and use public transport; that he travelled to California in 2018 and has plans to visit Switzerland. Dr Mason found the applicant to be unimpaired;
(b)    although the appellant did travel to California in 2018, it was prior to the appellant commencing employment with the respondent and prior to the injury, the subject of these proceedings. It should therefore have no bearing on assessment of whole person in respect of the injury alleged;
(c)    more importantly, there is no evidence that the appellant is now capable of travelling to California, Switzerland or anywhere else;
(d)    Dr Paisley noted that the applicant was apprehensive about driving because of his fear of road rage incidents. Dr Paisley also noted that impaired concentration and fatigue also limit the appellant’s capacity to travel further away and that he drives locally to familiar areas. This evidence was available to Dr Mason and yet was not taken into account;
(e)    Dr Bisht noted that the appellant could not travel without a support person, if he is travelling to unfamiliar places, although he has been able to travel to familiar places on his own, such as to the local shops, and
(f)    both Dr Bisht and Dr Paisley assessed a Class 2 impairment.
Social functioning
(a)    in respect of the PIRs category of Social Functioning, Dr Mason noted that the Appellant spent a lot of time in his room. He also noted that some friends keep in touch with the appellant, and
(b)    both Dr Bisht and Dr Paisley found a moderate impairment, whilst Dr Mason found a mild one. The main difference between the assessment of Dr Mason on the one hand, and Drs Bisht and Paisley on the other, is that Dr Mason believes that some of the Appellant’s friends keep in touch with him. It would appear that Dr Mason has not taken into account the Appellant’s statement where he states: “When my family members visit the home, I find that I am unable to deal with any differences of opinion and I retreat to my bedroom until they have gone....I find myself becoming very anxious when in the company of others”.
Concentration, Persistence and Pace
(a)    Dr Mason notes that the appellant is only mildly impaired. Dr Mason noted that the appellant stated that from time to time he studies and reads for his commercial pilot’s licence, and
(b)    it is submitted that a Commercial Pilot’s course from the appellant’s perspective is not a basic retraining course, nor is it a standard course that can be done at a slower pace. It is submitted that Dr Paisley’s view is the preferable one in that the chronicity of the appellant’s condition and the fact that he can only concentrate for up to 10 minutes at a time, makes it unrealistic for the appellant to complete such a course, which it is submitted would require much studying of operating manuals, weather conditions and other complex materials and systems.
Employability
(a)    Dr Mason appears to think that the applicant was continuing his aviation studies, whereas in fact he has not, and
(b)    Dr Paisley was of the view that the appellant had no capacity to work in any role because of the severity of his psychiatric symptoms. It is submitted that this is the preferable view and that the Appellant’s impairment ought to be assessed as Class 5, and not Class 3 as assessed by Dr Mason.
The Panel agreed that the classes of mild impairment in social functioning; concentration, persistence and pace were open to the Medical Assessor, but we agreed that the Medical Assessor had erred with respect to the categories of travel and employability.

Accordingly, a re-examination of Mr Odisho was undertaken by Medical Assessor Glozier on
8 November 2023.
He reported to the Panel as follows:
“1. The worker’s medical history, where it differs from previous records. Mr Odisho showed me his current medications. These differ from that elicited by the MA and consist of Agomelatine 50mg nocte, Endep 25mg nocte and Pregabalin 75mg nocte (occasionally more). He did not show me any Escitalopram or Quetiapine, indicating that these have changed. However, any such change was not conducted under the auspices of his psychiatrist, Dr So, as he has not seen him since 2022. He confirmed that he has also not had any consultations with a psychologist since last year and his treatment is monitored by Dr Saba, his GP.
2. Additional history since the original Medical Assessment Certificate was performed.
Mr Odisho had a left rotator cuff surgery in August this year at Kogarah Private by the well-known shoulder specialist, Prof Murrell. He attended physiotherapy once beforehand. Somewhat oddly (and I have not seen any of this in the medical news or elsewhere), he believes that Prof Murrell is under investigation and so he did not return to go and see the physiotherapist who he said was associated with him. He did however suffer a pulmonary embolism around the time of his operation and was in hospital for nine days. He was discharged on Apixaban 5mg. He has been followed up by a respiratory physician at Ryde and is due to see a blood specialist at Bankstown. He said he also has appointments booked for a cardiologist at Liverpool and a renal specialist at Canterbury. He was unclear what the latter two were for but linked it to the PE and findings when he was in hospital. He generally gets to these various doctors by taxi, spending quite a bit of money doing so, although said that if needed he could go by bus or train, but prefers not to. When he is in the waiting rooms, he says he feels uncomfortable and dislikes being there because, as in many situations, he feels as though people might be somehow out to harm him.
He still experiences significant limitations to his left shoulder and showed me that he could not abduct it beyond about 45º and has a very limited range of movement. This makes it hard to shower, means he can lift only light things with his right hand because it pulls on his left shoulder and his balance is affected. He cannot do any heavier housework as a result of this. It also affects his ability to drive although he is right-handed and has an automatic car. He says he prefers not to drive although can do so on his own if needed. He is not undergoing any rehabilitation apparently.
He continues to live with his father in their shared apartment in Fairfield. He said his father is 80 and in pretty good condition, does quite a bit of the cooking. His father often cooks during the day. He does little for his wellbeing. He says he tries to eat healthily at times but then will lapse into snacks and sugary drinks. However he said his dad is ‘a pretty good cook.’ His older brother lives some distance away in Lugarno but comes over at times and helps with some of the heavier cleaning. He also has a niece whom he last saw on Monday when the family came over. He rarely sees his younger brother because his younger brother is so busy.
He describes a somewhat disrupted circadian rhythm. He takes his tablets around 9-10pm, getting drowsy soon afterwards and relaxed and falls asleep quite quickly. However he wakes frequently in the night in both pain / discomfort and with nightmares, getting a broken sleep, and wakes at a variable time in the morning, depending on how broken this is.
When he wakes up he takes his medication and does some breathing exercises. He often misses breakfast, can make himself basic meals but prefers it when his father cooks. He spends much of the day watching YouTubes. He watches history, National Geographic, crime and cold-case shows, preferring those that are somewhat cognitively-engaging and demanding of him, and likes trying to solve the cold cases. He says he gets supportive messages from friends and suggests he might go and see them in a text, but then said he rarely does. He said the last time he saw a friend was when he bumped into him in Fairfield and they had a chat. He tries to not see friends because he is embarrassed about how he is, how he has become, and also feels wary and fearful when out. This was quite a difficult avenue to pursue as he gave varied reasons for this, e.g. saying there were situations where he would feel very aroused because he would see people acting oddly, say threatening things to him, be crazy and take drugs, or maybe even try and kill him, but then could not tell me any such episodes that have happened. It seems these are more his overvalued concerns about such things rather than actual events. He does however have significant catastrophising cognitions and frequently thinks the worst of any event or scenario. He suggested that in certain places he will feel overwhelmed and jumpy but then again could not relate any particular recent time when he has actually been so. He reported panic but actually then says this is of a chest pressure and occasional missing heartbeat in situations where he feels concerned, rather than formal panic symptoms. At home he will go for walks most days and tries to do so to get out of the house and will also do so if he feels somewhat overwhelmed. He is comfortable going to the local shopping centre. He said this is because there are cameras everywhere there and it is next door to the police station and so he feels safe there. He can spend some time in the shopping centre and even do basic shopping but only carries light items, otherwise relying on his father or brother to do heavier shopping. He said he bumped into a female friend of a friend just recently who irritated him and as a result he became sad and upset for the rest of the day. He couldn’t explain why. He describes such moodiness as occurring in various situations, which can last the whole day and may even last into the following day. Otherwise he says he spends much of his time ‘snoozing’, and relaxing. He does not game and could not tell me the last time he actually specifically went out to see any friend.
The same activities seem to occur in the evening with little purpose and he describes ongoing problems with anergia and amotivation. Occasionally at the weekends they might have relatives over but again he was vague and non-specific about this. He does not follow any sports or have any other hobbies.
He says he has not been looking for work and again could not tell me quite why but rather that he is focusing on getting better. He said that he has not done any of a pilot’s course since 2019 when he was told by the instructor that he would likely fail and has not recommenced any of this, feeling ‘stuck.’ He would like to be a pilot in the future when he gets better. Financially he is supported by workers' compensation payments for his shoulder injury. He said his brother is very supportive and has guaranteed future income for him should these stop and believes he has a good relationship with his father and brother. He values the support from his friends but does not want to go and see them in a social environment.
3. Findings on clinical examination.
Mr Odisho was casually-dressed, well-kempt with neat hair and grooming. He confirmed his identity with his driver's licence and was in his own room. His affect was somewhat restricted but, if anything, was more affectless, bordering on blunted. He had a vague communication style, being rather imprecise and even when pressed, was very difficult to pin down to any specifics. He describes a somewhat labile dysphoric mood, easily moved to being ‘moody’ and that the only things he enjoys are relaxing and ‘snoozing.’ He described a variable circadian rhythm with no onset insomnia, but sleep broken through pain and nightmares, with daytime sleeping and a variable rhythm of eating, at times having significant appetite and other times not. He has a range of paranoid and negative cognitions, none of which appear delusional but certainly over-valued to some extent, but no abnormalities of perception. He showed no significant cognitive abnormalities throughout the assessment, apart from the vague answers, being able to follow the pace of the assessment and focused well. He almost appears more apathetic and abulic rather than anergic.
Summary.
Mr Odisho has a somewhat odd presentation which, cross-sectionally, would accord with possible neurodevelopmental, or schizotypal, disorder, given his speech content and style, amotivation, and affect as well as some of the unrealistic future and paranoid ideas. However this has not been suggested by anybody else including his treating clinicians and may just reflect the assessment or cultural differences. Currently he would meet the criteria for a Persistent Depressive Disorder with chronic low level depressive symptoms and a significantly disrupted circadian rhythm and anergia.
There have been some recent interventions, both orthopaedic and medical and this may account for the differing medications he is on, as he was unclear about this.
The appeal was also on the basis of a lack of adjustment for a treatment effect. I concur that this is not warranted as there has not been a substantial or total elimination of his impairment from his treatment.
The Panel agreed that the classes of mild impairment in social functioning; concentration, persistence and pace were open to the MA. Again, he reported today a good and supportive relationship from his father and elder brother, being supported by his friends but him not interacting physically with them due to his somewhat paranoid ideas, and no relationships for some time: a mild impairment. He was focused throughout the assessment although somewhat vague in his answers. He likes watching cognitively-demanding YouTube shows, being able to follow these, including National Geographic, Discovery and cold case shows, again indicative of a mild impairment in concentration, persistence and pace.
In terms of travel, he uses taxis or appointments, or walks to the local shopping centre. He can use public transport if required, an/or drive. He has not flown since he went to America in 2018. As such, he does appear to be able to get as and where he needs to, given his limited motivation or interest in travelling places, being able to go down to the shops on his own, get himself to and from appointments as required, even if he does take taxis or occasionally use public transport. As such, a class 1 was open to the MA.
However, his lack of motivation, anergia, disinterest and disrupted circadian rhythm would not enable him to work part-time and he describes very little constructive function, even allowing for his shoulder injury and recent operations and he is severely impaired (Class 4) in this domain, and only able to do potentially remunerable activities for a few hours per week. I note the MA did not describe in what specific way Mr Odisho would actually be able to work part-time, apart from his vague suggestion that he would like to work for Coca-Cola at some stage in the future. Again today he seemed somewhat unrealistic about his options of becoming a pilot.
The appeal was also on the basis of a lack of adjustment for a treatment effect. I concur that this is not warranted as there has not been a substantial or total elimination of his impairment from his treatment.
This results in a WPI of 15%. Self- Care: 3, Social and Recreational Activities: 3, Travel: 1, Social Functioning: 2, CPP: 2, Employability: 4).
Total 15, Median Class 3, = 15% WPI.”
The Panel agrees with the assessment of Medical Assessor Glozier.
For these reasons, the Appeal Panel has determined that the MAC issued on 19 June 2023 should be revoked, and a new MAC should be issued. The new certificate is attached to this statement of reasons.

WORKERS COMPENSATION DIVISION

APPEAL PANEL

MEDICAL ASSESSMENT CERTIFICATE

Injuries received after 1 January 2002

Matter number:	W1144/23
Applicant:	Ashur Odisho
Respondent:	Authentic Security Pty Ltd

This Certificate is issued pursuant to s 328(5) of the Workplace Injury Management and Workers Compensation Act1998.

The Appeal Panel revokes the Medical Assessment Certificate of Medical Assessor Wayne Mason and issues this new Medical Assessment Certificate as to the matters set out in the Table below:

Table - whole person impairment (WPI)

Body Part or system

Date of Injury

Chapter,

page and paragraph number in WorkCover Guides

Chapter, page, paragraph, figure and table numbers in AMA 5 Guides

% WPI

Proportion of permanent impairment due to pre-existing injury, abnormality or condition

Sub-total/s % WPI (after any deductions in column 6)

1. Psychiatric

28/6/20 19

Ch 11, P54 -60

Ch 14

Nil

15%

Total % WPI (the Combined Table values of all sub-totals)

15%

[2023] NSWPICMP 597

20 November 2023