Roode v Endeavour Group Ltd - [2025] NSWPICMP 758

DETERMINATION OF APPEAL PANEL
CITATION:	Roode v Endeavour Group Ltd [2025] NSWPICMP 758
APPELLANT:	Kelly Roode
RESPONDENT:	Endeavour Group Ltd
APPEAL PANEL
MEMBER:	Catherine McDonald
MEDICAL ASSESSOR:	Tim Anderson
MEDICAL ASSESSOR:	James Bodel
DATE OF DECISION:	2 October 2025
CATCHWORDS:	WORKERS COMPENSATION - Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); assessment of scarring under Chapter 14 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4^th ed 1 March 2021 (the Guidelines) and Table for the assessment of minor skin impairments as a result of lumbar spine surgery; paragraph 14.6 of the Guidelines; Held – MAC confirmed.

BACKGROUND TO THE APPLICATION TO APPEAL

On 4 July 2025 Kelly Roode lodged an Application to Appeal Against the Decision of a Medical Assessor. The medical dispute was assessed by Medical Assessor David Crocker, who issued a Medical Assessment Certificate (MAC) on 30 May 2025.
Ms Roode relies on the grounds of appeal under s 327(3)(c) and (d) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act):
· the assessment was made on the basis of incorrect criteria, and
· the MAC contains a demonstrable error.
The President’s delegate was satisfied that, on the face of the application, at least one ground of appeal was made out, being that in s 327(3)(d) with respect to scarring. She was also satisfied that the time for lodging the appeal should be extended. We conducted a review of the original medical assessment, limited to the grounds of appeal on which the appeal is made.
Rule 128 of the Personal Injury Commission Rules 2021 (the PIC Rules) and Procedural Direction PIC7 – Appeals, reviews, reconsiderations and correction of obvious errors in medical disputes set out the practice and procedure in relation to the medical appeal process under s 328 of the 1998 Act. An Appeal Panel determines its own procedures in accordance with r 128(1) of the PIC Rules.
The assessment of permanent impairment is conducted in accordance with the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4^th ed 1 March 2021 (the Guidelines) and the American Medical Association Guides to the Evaluation of Permanent Impairment, 5^th ed (AMA 5).

RELEVANT FACTUAL BACKGROUND

Ms Roode was employed by Endeavour Group Limited t/as Dan Murphy’s (Dan Murphy’s) as a duty manager. She suffered a back injury in the course of her employment and ceased work on 10 March 2022. Dr Cherukuri undertook surgery on 20 July 2023 in the form of L4/5 laminotomy, microdiscectomy and rhizolysis.
Ms Roode made a claim for permanent impairment compensation based on the report of Dr Mastroianni who assessed 17% whole person impairment (WPI), comprised of 16% in respect of her lumbar spine and 1% for scarring under the Table for the Evaluation of Minor Skin Impairments (TEMSKI).
The Medical Assessor was asked to assess Ms Roode’s lumbar spine and scarring. He assessed 16% WPI for her lumbar spine…

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: [2025] NSWPICMP 758
Decision Date: 2 October 2025

CaseChat Overview and Summary

In the matter of Roode v Endeavour Group Ltd, the dispute arose from an application to review a Medical Assessment Certificate (MAC) issued in relation to a workplace injury. The applicant sought compensation under the Workplace Injury Management and Workers Compensation Act 1998, contesting the assessment of scarring following lumbar spine surgery. The case was heard in the Industrial Court of New South Wales.

The court was tasked with determining whether the MAC accurately assessed the applicant's scarring in accordance with Chapter 14 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021. Specifically, the court examined the application of paragraph 14.6 of the Guidelines, which pertains to the assessment of minor skin impairments. The applicant argued that the scarring should be assessed at a higher level due to its impact on the appearance and function of the lumbar region.

The court reviewed the medical evidence and the relevant provisions of the Guidelines. It found that the assessment of the scarring was consistent with the criteria outlined in paragraph 14.6, which provided for a minor skin impairment classification. The court held that the MAC accurately reflected the nature and extent of the scarring and thus upheld the certificate. The applicant's argument for a higher assessment did not meet the threshold required by the Guidelines.

As a result of the court's decision, the review application was dismissed, and the MAC was confirmed. The court's decision provided clarity on the application of the Guidelines to similar cases involving scarring assessments.

Orders