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Ride v Anne Reid Property Management Pty Ltd ATF McInnes Family Trust

Ride v Anne Reid Property Management Pty Ltd ATF McInnes Family Trust

Case [2024] NSWPIC 554 4 October 2024

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CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Ride v Anne Reid Property Management Pty Ltd ATF McInnes Family Trust [2024] NSWPIC 554
APPLICANT:	Samuel Ride
RESPONDENT:	ANNE REID PROPERTY MANAGEMENT PTY LTD ATF McInnes Family Trust
MEMBER:	Anne Gracie
DATE OF DECISION:	4 October 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); claim for section 66 of the 1987 Act for injury to lumbar spine and consequential injuries to the left lower extremity (left hip), right lower extremity (right hip), left lower extremity (left ankle/left hindfoot) and scarring; respondent disputes consequential injuries to right hip, left hip and left ankle/left hindfoot; consideration of applicant’s statements, medical reports and other treatment records, claim correspondence; consideration of whether the consequential injuries developed as a result of the injury to the lumbar spine sustained by the applicant; Kooragang Cement Pty Ltd v Bates; Kumar v Royal Comfort Bedding Ltd; Trustees of the Roman Catholic Church for the Diocese of Parramatta v Brennan; Moody v Evolution Traffic Control Pty Ltd; Moon v Conmah Pty Ltd; Makita (Australia) Pty Ltd v Sprowles; Hancock v East Coast Timber Products Pty Ltd; Paric v John Holland (Constructions) Pty Ltd; Jaffarie v Quality Castings Pty Ltd; Mason v Demasi; Roads and Traffic Authority (NSW) v Malcolm; Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd; Australian Security and Investments Commission v Rich; Frost v Kourouche; Trustees of the Roman Catholic Church for the Diocese of Parramatta v Barnes; Held – the applicant has developed consequential conditions in his right hip, left hip and left ankle/left hindfoot as a result of the injury sustained by the applicant to his lumbar spine on 16 December 2020; matter remitted to the President for referral to a Medical Assessor pursuant to section 321 of the 1998 Act for assessment of the whole person impairment of the applicant’s lumbar spine, scarring, left lower extremity (left hip), right lower extremity (right hip) and left lower extremity (left ankle/left hindfoot) due to the injury sustained on 16 December 2020.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained a consequential injury to his left hip as a result of the injury to his lower back on 16 December 2020. 2. The applicant sustained a consequential injury to his right hip as a result of the injury to his lower back on 16 December 2020. 3. The applicant sustained a consequential injury to his left ankle/left hindfoot as a result of the injury to his lower back on 16 December 2020. 4. The matter is remitted to the President for referral to a Medical Assessor for assessment as follows: Date of injury: 16 December 2020. Body parts: lumbar spine (personal injury); skin/TEMSKI (consequential injury); left lower extremity (left hip) (consequential injury); right lower extremity (right hip) (consequential injury), and left lower extremity (left ankle/left hind foot) (consequential injury).

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

AGLC: Ride v Anne Reid Property Management Pty Ltd ATF McInnes Family Trust [2024] NSWPIC 554
Case: [2024] NSWPIC 554
Decision Date: 4 October 2024

CaseChat Overview and Summary

The case of Ride v Anne Reid Property Management Pty Ltd ATF McInnes Family Trust was heard in the Workers Compensation Authority of New South Wales. The applicant, Ride, filed a claim for compensation under section 66 of the Workers Compensation Act 1987, alleging injuries to his lumbar spine and related injuries to his left hip, right hip, left ankle/left hindfoot, and scarring. The respondent contested the claim regarding the consequential injuries to the right hip, left hip, and left ankle/left hindfoot.

The court had to determine whether the injuries to the right hip, left hip, and left ankle/left hindfoot were indeed consequential injuries that developed as a result of the lumbar spine injury sustained by Ride on 16 December 2020. The court examined various statements, medical reports, and treatment records provided by the applicant, as well as correspondence related to the claim. The analysis involved assessing the evidence in light of precedents such as Kooragang Cement Pty Ltd v Bates, Kumar v Royal Comfort Bedding Ltd, and others, to understand the causal link between the primary injury and the consequential injuries.

The Workers Compensation Authority concluded that Ride had developed consequential conditions in his right hip, left hip, and left ankle/left hindfoot as a result of the lumbar spine injury. The court found the evidence presented sufficiently established the causal connection between the primary injury and the consequential injuries. Consequently, the matter was remitted to the President for referral to a Medical Assessor to evaluate the whole person impairment attributable to these injuries, pursuant to section 321 of the Workplace Injury Management and Workers Compensation Act 1998.

Orders