Shah v Precision Valve Australia Pty Ltd - [2022] NSWPIC 450

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Shah v Precision Valve Australia Pty Ltd [2022] NSWPIC 450
APPLICANT:	Sanjaykuma Shah
RESPONDENT:	Precision Valve Australia Pty Ltd
Member:	Jacqueline Snell
DATE OF DECISION:	10 August 2022
CATCHWORDS:	WORKERS COMPENSATION - The applicant claims permanent impairment compensation payable under section 66 of the Workers Compensation Act 1987 (1987 Act) for injury to his lumbar spine, cervical spine and right upper extremity (right ulnar nerve and right shoulder) resulting from the nature and conditions of employment with the respondent; the respondent disputes the applicant sustained injury to his lumbar spine, cervical spine and right upper extremity (right ulnar nerve and right shoulder) resulting from the nature and conditions of his employment with the respondent; the respondent disputes the deemed date of injury being the date the applicant made his claim for permanent impairment compensation and the respondent also raises defence under sections 254 and 261 of the Workplace Injury Management and Workers Compensation Act 1998; Held — the applicant sustained injury to his lumbar spine, cervical spine and right upper extremity (right ulna nerve and right shoulder) as a result of the nature and conditions of his employment with the deemed date of injury being the date the applicant made his claim for permanent impairment compensation under section 66 of the 1987 Act; the applicant is not barred from recovery of permanent impairment compensation payable under section 66 of the 1987 Act.
determinations made:	The Commission determines: 1. The applicant sustained injury to his lumbar spine, cervical spine and right upper extremity (right ulnar nerve and right shoulder) in the nature of an exacerbation of a disease injury as a result of the nature and conditions of his employment with the respondent. The applicant’s employment with the respondent was the main contributing factor to injury. 2. The deemed date of injury for the applicant’s claim for permanent impairment compensation payable under s 66 of the Workers Compensation Act 1987 resulting from the injuries the applicant sustained to his lumbar spine, cervical spine and right supper extremity (right ulnar nerve and right shoulder) is 20 December 2021. 3. Section 254(1) of the Workplace Injury Management and Workers Compensation Act 1998 is not a bar to the recovery of any permanent impairment compensation that may be payable to the applicant under s 66 of the Workers Compensation Act 1987. 4. Section 261(1) of the Workplace Injury Management and Workers Compensation Act 1998 is not a bar to the recovery of any permanent impairment compensation that may be payable to the applicant under s 66 of the Workers Compensation Act 1987. 5. The applicant’s claim for permanent impairment compensation payable under s 66 of the Workers Compensation Act 1987 resulting from injury sustained to his lumbar spine, cervical spine, right upper extremity (right ulnar nerve and right shoulder) and scarring in the course of his employment with the respondent, with a deemed date of injury of 20 December 2021, is to be remitted to the…

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: [2022] NSWPIC 450
Decision Date: 10 August 2022

CaseChat Overview and Summary

The case of Shah v Precision Valve Australia Pty Ltd involved the applicant, Shah, who sought permanent impairment compensation for injuries to his lumbar spine, cervical spine, and right upper extremity, which he claimed were due to his employment with the respondent, Precision Valve Australia Pty Ltd. The respondent contested Shah's claims regarding the causation and date of the injuries, as well as raising defences under sections 254 and 261 of the Workplace Injury Management and Workers Compensation Act 1998. The matter was determined in the relevant court, with the presiding judge examining the evidence and arguments from both parties.

The court was tasked with deciding several key legal issues. Firstly, whether Shah had sustained injuries to his lumbar spine, cervical spine, and right upper extremity due to his employment with Precision Valve Australia Pty Ltd. Secondly, the court had to determine the deemed date of injury, with Shah arguing it should be the date he made his claim for compensation. Additionally, the court had to assess the validity of the respondent's defences under sections 254 and 261 of the 1998 Act.

The court found in favour of Shah on the first issue, concluding that he had indeed sustained injuries to his lumbar spine, cervical spine, and right upper extremity as a result of his employment. The court accepted that the deemed date of injury was the date Shah made his claim for permanent impairment compensation. Regarding the respondent's defences, the court found them to be without merit, thereby not barring Shah from receiving compensation. The court's decision was based on a detailed analysis of the medical evidence, Shah's employment history, and the specific conditions of his work.

The final orders of the court recognised Shah's entitlement to permanent impairment compensation for his injuries, with the deemed date of injury being the date he made his claim. The court dismissed the respondent's defences, thereby allowing Shah to proceed with his claim under the relevant legislation.

Orders