Phan v Elcon Cables Pty Ltd t/as Elcon Cable Processors

[2024] NSWPIC 634

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Phan v Elcon Cables Pty Ltd t/as Elcon Cable Processors [2024] NSWPIC 634

APPLICANT:

Thi Le Tien Phan

RESPONDENT:

Elcon Cables Pty Ltd t/as Elcon Cable Processors

MEMBER:

Kathryn Camp

DATE OF DECISION:

8 November 2024

CATCHWORDS:

WORKERS COMPENSATION - Personal Injury Commission Act 2020 (PIC Act); Workers Compensation Act 1987 (1987 Act); section 57 of the PIC Act; reconsideration application; applicant sustained a lumbar spine injury which was assessed at 12% whole person impairment in a Medical Assessment Certificate (MAC); the applicant appealed the MAC to a Medical Appeal Panel which confirmed the MAC; the former Workers Compensation Commission (WCC) issued a Certificate of Determination (COD) confirming the MAC and entitlement to section 66 of the 1987 Act; the applicant’s condition deteriorated post-establishment of the Personal Injury Commission (Commission); jurisdiction of the Commission to reconsider former WCC decisions for the limited basis of a threshold dispute; Secretary, Department of Communities & Justice v Cannell considered and applied; Held – the applicant’s application for reconsideration of the COD dismissed.

DETERMINATIONS MADE:

The Commission determines:

1.     The applicant’s application is dismissed.

STATEMENT OF REASONS

INTRODUCTION

1. This matter concerns an application for reconsideration, pursuant to s 57(1) of the Personal Injury Commission Act 2020 (PIC Act), of a Certificate of Determination (COD) of the former Workers Compensation Commission (WCC). In particular, it concerns an application for reconsideration to allow for a further medical assessment by a Medical Assessor in circumstances where the original medical assessment was subject to a Medical Appeal Panel (MAP) decision and a COD giving effect to that decision.

2. For the reasons discussed below, the application is dismissed.

BACKGROUND

1. On 20 May 2011, the applicant injured her lower back in the course of her employment with the respondent as a factory worker.

2. On 17 October 2014, the applicant underwent L4/5 partial laminectomy at the hands of Dr Papantoniou. It is accepted that this surgery was a result of the accepted injury in 2011. The costs of surgery was paid by the respondent.

3. On 10 March 2016, the former WCC issued a Medical Assessment Certificate (MAC) of the applicant’s whole person impairment in respect of injury on 20 May 2011. The assessment was undertaken by Dr Meakin. Dr Meakin assessed the applicant with 12% whole person impairment in respect of the injury, comprising of 12% for her lumbar spine and 0% for scarring.

4. On 6 April 2016, the applicant appealed the MAC pursuant to s 327 of the Workplace Injury Management and Workers Compensation Act 1998 (1998 Act). The basis of the appeal concerned an alleged application of incorrect criteria and a demonstrable error in the MAC, in relation to the assessment of scarring. A delegate of the Registrar of the WCC issued a decision allowing the appeal to proceed to a MAP.

5. On 21 June 2016, the MAP issued a decision confirming the MAC.

6. On 26 July 2016, Deputy Registrar and Arbitrator Annette Farrell through the WCC issued a COD. The…