Roddenby v Bunnings Group Limited

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Roddenby v Bunnings Group Limited [2021] NSWPIC 213

APPLICANT:

Jennifer Jane Roddenby

RESPONDENT:

Bunnings Group Limited

MEMBER:

25 June 2021

DATE OF DECISION:

Philip Young

CATCHWORDS:

WORKERS COMPENSATION- Issue estoppel; Consent Orders in prior proceedings in 2019 regarding award for the respondent for costs of lower back surgery; applicant subsequently assessed for and claimed section 66 lump sum for WPI lower back injury after surgery; respondent relies on Consent Orders to submit applicant estopped from claiming WPI component consequent upon surgery; Held- Consent Orders not specific on reason for section 60 award for the respondent; estoppel discussed generally, difference in issues on sections 60 and 66; Tomlinson v Ramsey Food Processing Pty Limited and Etherton v ISS Property Services Pty Limited considered; applicant not estopped but liberty to respondent to apply if earlier notified matter regarding causation injury and surgery is pressed.

DETERMINATIONS MADE:

(a) proceeding with a claim for lump-sum compensation pursuant to section 66 of the Workers Compensation Act 1987, nor

(b)    asserting that the Medical Assessor determine the percentage of the applicant’s whole person impairment, if any, resulting from injury to his lower back with deemed date of injury 22 August 2017 without limitation of the referral to the Medical Assessor by exclusion of the effects of the 2018 surgery

ORDERS MADE: 

(a)    The matter is remitted to the President for referral to a Medical Assessor (Orthopaedic Surgeon) to determine the extent of the applicant’s whole person impairment, if any, which results from injury to the applicant’s lumbar spine deemed to have occurred on 22 August 2017.

(b)    The President’s delegate is requested to place before the Medical Assessor a copy of the Application and attachments, a copy of the Reply and attachments and a copy of these Reasons for Decision.

(c)    Liberty is granted to the respondent to apply in the event that the respondent seeks to argue whether surgery to the applicant’s lumbar spine in 2018 is as a result of an injury to the applicant on 22 August 2017 or aggravation (etc) of a disease suffered by the applicant with deemed date of injury 22 August 2017.

STATEMENT OF REASONS

BACKGROUND

1. Jennifer Jane Roddenby (the applicant) is a 55-year-old lady who was employed by Bunnings Group Limited (the respondent) as a casual employee at its Maitland store. She alleges that on 22 August 2017 she suffered injury to her lower back whilst working in the garden centre, alternatively that the nature of her duties to that date aggravated, exacerbated, accelerated or deteriorated her underlying lumbar disease.

1. The applicant’s general duties included putting plants out on display and then later packing them away, pulling trolleys, watering, general cleaning and tidying, rotating pots from 9 cm up to mature trees in large pots, using pallet jacks to move pallets of fertiliser, compost, pots and the like.

1. The applicant asserts that this work involved a lot of lifting, bending, pulling and pushing. She brings a claim pursuant to section 66…