Pincham v Crew on Call Australia Pty Ltd

The matter of Pincham v Crew on Call Australia Pty Ltd was heard in the NSW Workers Compensation Commission. The applicant, Pincham, sought a lump sum compensation payment under section 66 of the Workers Compensation Act 1987, in relation to a right knee injury sustained on 1 March 2013. The dispute centred on whether Pincham had suffered consequential conditions in his lumbar spine, right hip, right ankle/hindfoot, left knee, and left ankle/hindfoot. The primary issue for the court was to determine whether Pincham had met his burden of proving causation for these consequential conditions.

The court examined the evidence provided, noting a significant lack of treating medical evidence regarding the alleged consequential conditions. The court referenced the case of Kooragang Cement Pty Ltd v Bates, which established that the applicant must demonstrate a causal link between the injury and the consequential conditions claimed. The court found that Pincham had discharged his burden of proof in relation to the right hip, lumbar spine, and left knee. However, in relation to the right ankle/hindfoot and left ankle/hindfoot, Pincham had not provided sufficient evidence to prove causation, and therefore, the claim for these areas was dismissed.

In summary, the court awarded compensation for the right hip, lumbar spine, and left knee, but denied the claim for the right ankle/hindfoot and left ankle/hindfoot. The decision underscores the importance of comprehensive medical evidence in substantiating claims for consequential conditions under workers compensation legislation.