Rezaie v Universal Property Group Pty Ltd - [2021] NSWPIC 416

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Rezaie v Universal Property Group Pty Ltd [2021] NSWPIC 416
APPLICANT:	Habibullah Rezaie
RESPONDENT:	Universal Property Group Pty Ltd
MEMBER:	Rachel Homan
DATE OF DECISION:	18 October 2021
CATCHWORDS:	WORKERS COMPENSATION - Claim for weekly compensation, incurred section 60 of the Workers Compensation Act 1987 (1987 Act) expenses and lump sum compensation; injury to left knee when heavy gyprock fell on the applicant’s left leg accepted; whether left hip, right knee and back injured in same event; whether consequential conditions at left hip and back; lack of contemporaneous evidence of injury; Department of Education and Training v Ireland considered; explanation for delayed onset and reporting of symptoms provided by applicant’s doctors; consistent reports of antalgic gait and symptoms in left leg despite radiological evidence of pathology in knee resolving; Held - applicant sustained injury to left hip and consequential lumbar spine condition; awards for the respondent in respect of other alleged injuries and consequential condition; section 66 of the 1987 Act claim remitted to President for referral to a Medical Assessor; general order for section 60 of the 1987 Act expenses; consideration of weekly compensation claim deferred until receipt of Medical Assessment Certificate.
DETERMINATIONS MADE:	1. Award for the respondent with respect to the allegation of injury to the lumbar spine. 2. Award for the respondent with respect to the allegation of injury to the right knee. 3. Award for the respondent with respect to the allegation of a consequential left hip condition. 4. The applicant sustained an injury to the left hip pursuant to ss 4(a), 4(b)(ii) and 9A of the Workers Compensation Act 1987 on 1 August 2018. 5. The applicant sustained a consequential condition affecting the lumbar spine as a result of the injury on 1 August 2018. 6. The matter is remitted to the President for referral to a Medical Assessor for assessment as follows: Date of injury: 1 August 2018 Body parts: Left lower extremity (knee and hip) Lumbar spine (consequential condition) Method: Whole Person Impairment 7. The materials to be referred to the Medical Assessor are to include the Application to Resolve a dispute and all attachments, the Reply and all attachments, the documents attached to the Application to Admit Late Documents lodged by the applicant on 23 July 2021 and the documents attached to the Application to Admit Late Documents lodged by the respondent on 4 August 2021. 8. Leave granted to the respondent pursuant to s 289A(4) of the Workplace Injury Management and Workers Compensation Act 1998 to dispute liability in respect of the alleged secondary psychological condition. 9. Consideration of the claim of a secondary psychological condition and the claim for weekly compensation to be deferred until receipt of the Medical Assessment Certificate. 10. The matter to be listed for further teleconference upon receipt of the Medical Assessment Certificate. 11. The respondent to pay the applicant’s reasonably necessary incurred s 60 expenses in respect of the left knee and left hip injury and consequential lumbar…

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.

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Details

Case: [2021] NSWPIC 416
Decision Date: 18 October 2021

CaseChat Overview and Summary

In the case of Rezaie v Universal Property Group Pty Ltd, the applicant, Rezaie, sought compensation for injuries sustained during his employment with the respondent, Universal Property Group Pty Ltd. The primary dispute centred on the nature and extent of the injuries incurred when a heavy gyprock fell on Rezaie's left leg. Rezaie claimed that the incident resulted in injuries to his left hip, right knee, and back, as well as consequential conditions at his left hip and back. The case was heard in the Victorian Civil and Administrative Tribunal (VCAT).

The key legal issues addressed by the tribunal were whether Rezaie's left hip, right knee, and back injuries occurred in the same event as the gyprock incident, and if they did, whether these injuries led to consequential conditions. The tribunal also had to consider the lack of contemporaneous evidence of the injuries and the delayed onset and reporting of symptoms, with the applicant providing an explanation through reports from his doctors. The tribunal referenced Department of Education and Training v Ireland to assess the credibility of the delayed symptoms and their relation to the incident.

The tribunal concluded that Rezaie sustained an injury to his left hip and a consequential lumbar spine condition as a result of the gyprock incident. However, the claims regarding injuries to his right knee and other consequential conditions were dismissed. The tribunal remitted the claim for expenses under section 66 of the Workers Compensation Act 1987 to the President for referral to a Medical Assessor. A general order was made for section 60 of the 1987 Act expenses. The consideration of Rezaie's weekly compensation claim was deferred until the receipt of a Medical Assessment Certificate.

Orders