Perlidis v Brambles Security Services Ltd - [2023] NSWPIC 467

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Perlidis v Brambles Security Services Ltd [2023] NSWPIC 467
APPLICANT:	Arthur Perlidis
RESPONDENT:	Brambles Security Services Ltd
MEMBER:	Jacqueline Snell
DATE OF DECISION:	13 September 2023
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; the applicant claims permanent impairment compensation payable under section 66 for injury sustained in the course of his employment with the respondent; the applicant claims permanent impairment compensation resulting from injury sustained on 3 August 1992 in the course of his employment with the respondent and the applicant also claims permanent impairment compensation resulting from injury sustained as a result of the nature and conditions of his employment with the respondent; Held – award for the respondent in respect of the applicant’s claim for permanent impairment resulting from injury sustained to his neck on 3 August 1992 in the course of his employment with the respondent; award for the respondent in respect of the applicant’s claim for permanent impairment resulting from injury sustained as a result of the nature and conditions of his employment with the respondent; the applicant’s claim for further permanent impairment resulting from injury sustained to his back, left leg at or above the knee and right leg at or above the knee with date of injury of 3 August 1992 is remitted to the President for referral to a Medical Assessment for assessment in accordance with the Table of Disabilities.
DETERMINATIONS MADE:	The Commission determines: 1. Award for the respondent in respect of the applicant’s claim for permanent impairment compensation payable under s 66 of the Workers Compensation Act 1987 for permanent impairment resulting from injury consequent on the nature and conditions of his employment with the respondent, with deemed date of injury of 5 February 1996. 2. Award for the respondent in respect of the applicant’s claim for permanent impairment compensation payable under s 66 of the Workers Compensation Act 1987 for permanent impairment resulting from injury to his neck with date of injury of 3 August 1992. 3. The applicant’s claim for further permanent impairment compensation payable under s 66 of the Workers Compensation Act 1987 is to be remitted to the President for referral to a Medical Assessor pursuant to s 321 of the Workplace Injury Management and Workers Compensation Act 1998 for assessment as follows: a. Date of injury: 3 August 1992. b. Body systems/parts: back, left leg at or above the knee, and right leg at or above the knee. c. Method of assessment: Table of Disabilities. 4. The documents to be reviewed by the Medical Assessor are: a. Application to Resolve a Dispute and attached documents; b. Replies and attached documents; c. Application to Admit Late Documents dated 16 May 2023 lodged on behalf of the applicant; d. Application to Admit Late Documents dated 20 June 2023 lodged on behalf of the respondent, and e. Application to Admit Late Documents dated 28 June 2023 lodged on behalf of the respondent. A brief statement is attached setting out the Commission’s…

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 Perlidis v Brambles Security Services Ltd

Details

AGLC: Perlidis v Brambles Security Services Ltd [2023] NSWPIC 467
Case: [2023] NSWPIC 467
Decision Date: 13 September 2023

CaseChat Overview and Summary

The applicant in Perlidis v Brambles Security Services Ltd sought permanent impairment compensation under the Workers Compensation Act 1987 for injuries sustained during his employment with the respondent. The injuries claimed included those to his neck, back, left leg, and right leg, all sustained on 3 August 1992. The applicant sought compensation for permanent impairment due to both the specific incident and the general nature and conditions of his employment. The matter was heard and determined by the relevant court, which had to decide on the validity of the applicant’s claims and the appropriate compensation.

The court was tasked with determining whether the applicant's injuries and the resulting permanent impairments were indeed caused by the employment as alleged. Specifically, the court had to examine whether the injuries to the applicant's neck, back, and legs were a result of the incident on 3 August 1992, as well as whether the nature and conditions of the employment contributed to the impairments. Furthermore, the court needed to assess the extent of the permanent impairments and decide the appropriate compensation, if any, under the Workers Compensation Act 1987.

The court found that the applicant's claim for permanent impairment resulting from the injury to his neck on 3 August 1992 and from the nature and conditions of his employment was not substantiated. Consequently, the court awarded the respondent in respect of these claims. However, the court did not dismiss the applicant's claim in its entirety. Instead, it found that the claim for further permanent impairment resulting from injuries to the back, left leg, and right leg needed further assessment. The court remitted the matter to the President for referral to a medical assessment in accordance with the Table of Disabilities.

The final orders of the court were to dismiss the applicant's claims for permanent impairment compensation for injuries to his neck and those arising from the nature and conditions of his employment. However, the court directed that the claim for permanent impairment from injuries to the back, left leg, and right leg be referred to a medical assessment to determine the extent of impairment and the appropriate compensation.

Orders