Sinclair v Linfox Armaguard Pty Ltd - [2024] NSWPIC 426

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Sinclair v Linfox Armaguard Pty Ltd [2024] NSWPIC 426
APPLICANT:	Brett Sinclair
RESPONDENT:	Linfox Armaguard Pty Ltd
MEMBER:	John Isaksen
DATE OF DECISION:	8 August 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for weekly payments of compensation and medical expenses for injury to the right shoulder and neck in 1996; dispute as to the extent of the worker’s incapacity; Wollongong Nursing Home Pty Ltd v Dewar, Popal v Myer Holdings Pty Ltd and Gradan Bathrooms Pty Ltd v Workers Compensation Nominal Insurer referred to; whether any incapacity is as a result of a secondary psychological injury; calculation of weekly payments to be awarded to the worker; Held – worker has suffered a secondary psychological injury but lack of evidence to determine that this consequential condition impacts on the worker’s incapacity; worker has had no current work capacity as a result of the injury to his right shoulder and neck since his position was made redundant by the respondent; award of weekly payments of compensation pursuant to sections 37 and 38, and for reasonably necessary medical expenses, including a secondary psychological injury.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant has had no current work capacity since 25 November 2022 as a result of the injury he sustained to his right shoulder and neck while in the course of his employment with the respondent. The Commission orders: 1. The respondent is to pay weekly payments of compensation as follows: (a) $1,110.40 per week from 25 November 2022 to 31 March 2023 pursuant to s 37 (1) of the Workers Compensation Act 1987 (the 1987 Act); (b) $1,156 per week from 1 April 2023 to 30 September 2023 pursuant to s 37 (1) of the 1987 Act; (c) $1,184 per week from 1 October 2023 to 31 March 2024 pursuant to s 37 (1) of the 1987 Act; (d) $1,204.80 per week from 1 April 2024 to 13 June 2024 pursuant to s 37 (1) of the 1987 Act; and (e) $1,204.80 per week from 14 June 2024 to date and continuing pursuant to s 38 (6) of the 1987 Act. 2. The respondent is to pay the applicant’s medical expenses for reasonably necessary medical treatment as a result of the injury to the applicant’s right shoulder and neck, and for a secondary psychological injury.

STATEMENT OF REASONS

BACKGROUND

Brett Sinclair, the applicant in these proceedings, sustained an injury to his right shoulder and neck on 7 March 1996 while employed as a cash in transit security officer with Armaguard Mayne Nicholas. The respondent is now named Linfox Armaguard Pty Ltd.
Mr Sinclair was lifting heavy coin boxes on 7 March 1996, which he estimates to have weighed around 80kgs, when he sustained injury to his right shoulder and neck.
The respondent has accepted liability for this injury.
Mr Sinclair has undergone several operations to his right shoulder over the years since his workplace injury, including a coracoclavicular joint arthrodesis and…

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 Sinclair v Linfox Armaguard Pty Ltd

Details

AGLC: Sinclair v Linfox Armaguard Pty Ltd [2024] NSWPIC 426
Case: [2024] NSWPIC 426
Decision Date: 8 August 2024

CaseChat Overview and Summary

In the case of Sinclair v Linfox Armaguard Pty Ltd, the dispute centred on a claim for weekly payments of compensation and medical expenses arising from an injury to the right shoulder and neck sustained by the worker in 1996. The case was heard in the Workers Compensation Claims Division of the NSW District Court. The primary issue for determination was the extent of the worker's incapacity and whether any incapacity was a result of a secondary psychological injury. The court was required to consider the relevant statutory provisions under the Workers Compensation Act 1987 and pertinent case law, including Wollongong Nursing Home Pty Ltd v Dewar, Popal v Myer Holdings Pty Ltd, and Gradan Bathrooms Pty Ltd v Workers Compensation Nominal Insurer.

The court examined the evidence presented regarding the worker's condition and concluded that while there was evidence of a secondary psychological injury, there was insufficient proof to establish that this condition impacted the worker’s incapacity. The worker had no current work capacity due to the initial injury to his right shoulder and neck, which rendered his position redundant. The court applied sections 37 and 38 of the Workers Compensation Act 1987 to calculate the weekly payments to be awarded and determined that the worker was entitled to reasonably necessary medical expenses, including those related to a secondary psychological injury.

Ultimately, the court awarded weekly payments of compensation and medical expenses to the worker. The determination recognised the worker's entitlement to compensation for the physical injury sustained and the associated medical costs, but found insufficient evidence to link the secondary psychological injury to the worker’s incapacity. This comprehensive analysis ensured that the award was both fair and in accordance with the statutory framework.

Orders