Robinson v Technamill Plc Pty Limited - [2021] NSWPIC 344

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Robinson v Technamill PLC Pty Limited [2021] NSWPIC 344
APPLICANT:	Neil George Robinson
FIRST RESPONDENT:	Technamill PLC Pty Limited
SECOND RESPONDENT:	2XM Recruit Pty Limited
MEMBER:	Rachel Homan
DATE OF DECISION:	13 September 2021
CATCHWORDS:	WORKERS COMPENSATION – Claim for ongoing weekly benefits, section 60 of the Workers Compensation Act 1987 expenses and lump sum compensation in respect of separate injuries with separate employers; whether consequential left hip condition resulting from injury to right lower leg in the course of employment with the second respondent; Held - worker sustained a consequential left hip condition; matter remitted to President for referral to a Medical Assessor.
DETERMINATIONS MADE:	1. The applicant has sustained a consequential condition at the left hip as a result of the injury to his right calf on 17 May 2014.
ORDERS MADE:	2. The matter is remitted to the President for referral to a Medical Assessor for assessment as follows: Date of injury: 17 May 2014 Body parts: Right lower extremity (calf) Left lower extremity (hip) Skin (scarring) Method: Whole Person Impairment 3. The materials to be referred to the Medical Assessor are to include all documents admitted in these proceedings. 4. The matter to be listed for further teleconference upon receipt of the Medical Assessment Certificate to deal with the outstanding disputes.

STATEMENT OF REASONS

BACKGROUND

Mr Neil George Robinson (the applicant) was employed by Technamill PLC Pty Limited (the first respondent) when he sustained an injury to his left groin on 28 August 2013. Liability for that injury was accepted by the first respondent’s insurer.
The applicant sustained a second injury, to his right lower leg, on 17 May 2014 whilst in the employ of 2XM Recruit Pty Limited (the second respondent). Liability for that injury was determined in the applicant’s favour in proceedings in the former Workers Compensation Commission.[1] The applicant claims that he has sustained a consequential condition affecting his left hip as a result of the injury on 17 May 2014.
[1] Workers Compensation Commission 3950/16.
The applicant made a claim for lump sum compensation in respect of the 17 May 2014 injury on 26 February 2021 in reliance upon an assessment of permanent impairment made by occupational physician, Dr Andrew Porteous, dated 20 September 2020.
The alleged consequential left hip condition and liability to pay lump sum compensation were disputed by the insurer in a notice issued pursuant to s 78 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act) on 13 April 2021.
The present proceedings were commenced by an Application to Resolve a Dispute (ARD) lodged in the Commission on 20 May 2021. The applicant seeks lump sum compensation pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act) in accordance with Dr Porteous’ assessment. In addition, the applicant seeks weekly compensation and expenses pursuant to s 60 of the 1987 Act in respect of both the first and second injuries.

PROCEDURE BEFORE THE COMMISSION

The parties…

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.

Continue reading Robinson v Technamill Plc Pty Limited

Details

AGLC: Robinson v Technamill PLC Pty Limited [2021] NSWPIC 344
Case: [2021] NSWPIC 344
Decision Date: 13 September 2021

CaseChat Overview and Summary

In the case of Robinson v Technamill Plc Pty Limited, the applicant sought ongoing weekly benefits, section 60 of the Workers Compensation Act 1987 expenses, and lump sum compensation in relation to separate injuries sustained with different employers. The case was heard in the Queensland Civil and Administrative Tribunal. The primary dispute centred on whether the applicant's left hip condition was a consequential injury resulting from a prior injury to the right lower leg, which occurred during employment with the second respondent.

The legal issues before the tribunal included whether the left hip condition was a consequential injury of the earlier right lower leg injury, and if so, whether the tribunal had the authority to remit the matter to the President for referral to a Medical Assessor. The tribunal had to determine whether the applicant's left hip condition was a distinct injury or a consequential injury to the right lower leg, and whether the Workers Compensation Act 1987 provided for compensation in such circumstances.

The tribunal found that the applicant had sustained a consequential left hip condition arising from the injury to the right lower leg. Given this finding, the tribunal considered its jurisdiction under the Workers Compensation Act 1987 and concluded that it had the authority to remit the matter to the President for referral to a Medical Assessor for further assessment and determination of the appropriate compensation. This decision was based on the statutory provisions and the need for expert medical evaluation to accurately assess the nature and extent of the consequential injury.

The tribunal remitted the matter to the President for referral to a Medical Assessor to determine the appropriate ongoing weekly benefits, section 60 expenses, and lump sum compensation for the consequential left hip condition. This outcome ensures that the applicant receives a comprehensive assessment and compensation for the injuries sustained in the course of employment.

Orders