Risteski v MKD Transcorp Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

Citation:

Risteski v MKD Transcorp Pty Ltd [2023] NSWPIC 334

APPLICANT:

Petar Risteski

RESPONDENT:

MKD Transcorp Pty Ltd

Member:

Cameron Burge

DATE OF DECISION:

11 July 2023

CATCHWORDS:

WORKERS COMPENSATION -  Permanent impairment compensation; accepted right shoulder injury as result of frank incident; accepted left shoulder consequential condition; whether applicant suffered injury or consequential condition to his cervical spine; whether applicant suffered consequential condition to left hip; Held – the applicant has not discharged the onus of proof in establishing he suffered injury to his cervical spine; either in the frank incident which caused his right shoulder injury and left shoulder consequential condition; additionally the applicant has failed to discharge the onus of proof in establishing the nature and conditions of his employment have caused an injury to his cervical spine; the applicant suffered a consequential condition to his cervical spine as a result of the prolonged wearing of a sling on his right shoulder after surgery; the applicant suffered a consequential condition to his left hip as a result of the right shoulder injury; when he was placed on his left side in order for the right shoulder surgery to be carried out; all claimed body systems are to be subject of referral for medical assessment.

determinations made:

The Commission determines:

1.     The applicant suffered an injury to his right shoulder in the course of his employment with the respondent on 7 October 2016. 

2.     As a result of the injury referred to in [1] above, the applicant suffered consequential conditions to his left shoulder, cervical spine and left hip.

3.     The respondent is to pay the applicant's reasonably necessary medical and treatment expenses incurred as a result of his injury and consequential conditions.

4.     The claim for permanent impairment compensation is remitted to the President for referral to a Medical Assessor to determine the permanent impairment arising from the following:

Date of injury:                  7 October 2016.

Body systems referred: right upper extremity (shoulder), left upper extremity (shoulder), cervical spine, and left lower extremity (hip).

Method of assessment:   whole person impairment.

5.     The documents to be referred to the Medical Assessor to assist with their determination are to include the following:

(a)    this Certificate of Determination and Statement of Reasons;

(b)    Application to Resolve Dispute;

(c)    Reply, and

(d)    applicant’s Application to Admit Late Documents dated 1 June 2023.

STATEMENT OF REASONS

BACKGROUND

1. Petar Risteski (the applicant) suffered an accepted right shoulder injury in the course of his employment with the respondent MKD Transcorp Pty Ltd on 7 October 2016. There is no issue the applicant also suffered a consequential left shoulder condition as a result of that injury. Each of these body systems will be referred for medical assessment. 

2. The applicant also alleges he suffered an injury to his cervical spine by way of aggravation as a result of the nature and conditions of his employment between 2012 and 8 August 2018 with a deemed date of injury of 14 August 2019, being…