Singh v ADFA Jamison Pty Ltd - [2023] NSWPIC 102

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Singh v ADFA Jamison Pty Ltd [2023] NSWPIC 102
APPLICANT:	Dropati Singh
RESPONDENT:	ADFA Jamison Pty Ltd
Member:	Cameron Burge
DATE OF DECISION:	13 March 2023
CATCHWORDS:	WORKERS COMPENSATION - Claim for permanent impairment compensation; injuries to left upper extremity and scarring not in issue; applicant claims consequential condition to cervical spine; respondent alleges neck symptoms caused by degenerative changes or pain syndrome; Held – on a common-sense evaluation of the lay and expert evidence, the applicant’s cervical spine condition was as a result of the accepted left upper extremity injury; matter remitted to the President of the Personal Injury Commission for referral to Medical Assessor to determine permanent impairment arising from the injuries and consequential conditions to the left upper extremity (elbow and shoulder) and cervical spine, together with scarring (TEMSKI).
determinations made:	1. On 9 October 2003, the applicant suffered an injury in the course of her employment with the respondent to her left upper extremity (elbow) and a consequential condition to her left upper extremity (shoulder), together with attendant scarring. 2. As a result of the injury referred to in [1] above, the applicant also sustained a consequential condition to her cervical spine. 3. The matter is remitted to the President for referral to a Medical Assessor to determine the degree of permanent impairment arising from the following: Body systems referred: left upper extremity (shoulder and elbow), scarring (TEMSKI) and cervical spine. Date of injury: 9 October 2003. Method of assessment: whole person impairment. 4. The documents to be referred to the Medical Assessor to assist with their determination are to include the following: (a) Application to Resolve a Dispute and attachments; (b) Reply and attachments; (c) Respondent’s Application to Admit Late Documents dated 16 January 2023 and attachments, and (d) Applicant’s Application to Admit Late Documents dated 17 January 2023 and attachments.

STATEMENT OF REASONS

BACKGROUND

On 9 October 2003, Ms Dropati Singh (the applicant) suffered a fall in the course of her employment as a cleaner with ADFA Jamison Pty Ltd (the respondent). There is no issue the fall caused injury to the applicant’s left upper extremity (shoulder and elbow), together with attendant scarring. These injuries will be the subject of a referral to a Medical Assessor.
The applicant alleges she also suffered a consequential condition to her cervical spine as a result of her injury. She alleges that as a result of having to wear her left arm in a sling for a protracted period following surgery, she began experiencing worsening and ongoing symptoms in her neck.
On 11 November 2005, Consent Orders were filed in the then Workers Compensation Commission providing for the provision of permanent impairment compensation to the applicant in respect of an 8% whole person impairment. There is no issue the applicant is entitled to a further assessment of her permanent impairment arising from the injury.
By s 78 notice dated 5 May 2020, the respondent disputed the alleged consequential condition to the cervical…

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 Singh v ADFA Jamison Pty Ltd

Details

AGLC: Singh v ADFA Jamison Pty Ltd [2023] NSWPIC 102
Case: [2023] NSWPIC 102
Decision Date: 13 March 2023

CaseChat Overview and Summary

Singh initiated proceedings against ADFA Jamison Pty Ltd in the Workers Compensation Court, asserting a claim for permanent impairment compensation arising from injuries to his left upper extremity and subsequent scarring. The central issue was whether the applicant’s cervical spine condition was a consequential injury linked to the left upper extremity injury or if it stemmed from other causes such as degenerative changes or a pain syndrome. The respondent contested the connection between the cervical spine condition and the left upper extremity injury, arguing that the neck symptoms were unrelated to the original injury.

The court was tasked with evaluating the evidence presented by both parties to determine the causation of the cervical spine condition. The applicant submitted that the condition was a direct consequence of the accepted left upper extremity injury, while the respondent posited alternative causes for the neck symptoms. The court conducted a common-sense evaluation of both the lay and expert evidence, considering medical reports, the applicant’s testimony, and the respondent’s arguments. Ultimately, the court concluded that the cervical spine condition was indeed a result of the left upper extremity injury, finding merit in the applicant’s claims.

Given this finding, the court remitted the matter to the President of the Personal Injury Commission for a referral to the Medical Assessor. The assessor is to determine the extent of permanent impairment arising from the injuries to the left upper extremity, the consequential condition to the cervical spine, and the scarring. This decision ensures that the applicant receives appropriate compensation for all conditions resulting from the initial injury.

Orders