Re & PC Richards Pty Ltd v Eggins

[2010] NSWWCCPD 2

WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:		RE & PC Richards Pty Ltd v Eggins [2010] NSWWCCPD 2
APPELLANT:		RE & PC Richards Pty Ltd
RESPONDENT:		Brendan Luke Eggins
INSURER:		CGU Workers Compensation (NSW) Ltd
FILE NUMBER:		A1-3010/09
ARBITRATOR:	Ms J Peacock
DATE OF ARBITRATOR’S DECISION:		7 September 2009
DATE OF APPEAL DECISION:		11 January 2010
SUBJECT MATTER OF DECISION:		Section 352(8) of the Workplace Injury Management and Workers Compensation Act 1998 and Clause 200B of the Workers Compensation Regulation 2003 - preliminary or interim orders of an interlocutory nature; section 319 of the 1998 Act – medical dispute.
PRESIDENTIAL MEMBER:		Deputy President Kevin O’Grady
HEARING:		On the papers
REPRESENTATION:		Appellant:		Sparke Helmore
Respondent:		Burridge Harris Flynn
ORDERS MADE ON APPEAL:		Leave to appeal is refused.
Appellant is to pay the Respondent’s costs of the appeal.

BACKGROUND TO THE APPEAL

1. Brendan Luke Eggins (the worker) is 25 years of age and resides in Grafton, New South Wales.  He was first employed by RE & PC Richards Pty Ltd (the Appellant) to work as a millhand/tailer-out in approximately 1999.  The worker was so employed intermittently until he received a back injury in the course of his employment on 30 July 2004.  On that day, as he bent to lift a piece of timber, he sustained injury to his low back.  He ceased work immediately, sought treatment from his general practitioner and remained off work for approximately one week.  He attempted a return to work on light duties over a period of some weeks however experienced pain and discomfort in his back.  The worker again ceased work and has since been unable to secure full-time employment by reason of continuing back pain. 

1. It appears that liability in respect of compensation benefits was accepted by the Appellant’s insurer until 10 February 2005. The worker, through his solicitors, sought a review of the insurer’s decision to deny liability however the insurer maintained its decision. By letter dated 10 July 2007 the worker, again through his solicitors, made a claim against the Respondent and its insurer in respect of a lump sum pursuant to section 66 of the Workers Compensation Act 1987 (‘the 1987 Act’) together with medical and related expenses.

1. The insurer disputed liability with respect to the lump sum and medical expenses as claimed and served a notice in respect of that denial upon the worker pursuant to section 74 of the Workplace Injury Management and Workers Compensation Act (‘the 1998 Act’).  That notice was dated 1 August 2007. 

1. The worker filed an Application to Resolve a Dispute (‘ARD’) with the Workers Compensation Commission (‘the Commission’) on 21 April 2009.  That ARD alleged injury which was said to have occurred on 30 July 2004 and was described as – “injury to lumbar spine with L4/5 disc bulge.”  The worker sought orders with respect to medical, hospital and rehabilitation expenses totalling $1,269.35 together with a lump sum being $6,250.00 in respect of an alleged…