Sleiman v AGR Tyres Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

Citation:

Sleiman v AGR Tyres Pty Ltd [2022] NSWPIC 496

APPLICANT:

Ali Sleiman

RESPONDENT:

AGR Tyres Pty Ltd

Member:

Carolyn Rimmer

DATE OF DECISION:

6 September 2022

CATCHWORDS:

WORKERS COMPENSATION - Court of Appeal held that the applicant should be granted leave to appeal and the matter remitted to the Personal Injury Commission to determine the application on the basis it was an application to reconsider the 2017 decision of the Appeal Panel; Held – that the Certificate of Determination of 21 July 2017 is rescinded pursuant to section 350(3) of the Workplace injury Management and Workers Compensation Act 1998 (1998 Act) and the matter is referred back to the Appeal Panel for reconsideration pursuant to section 378 of the 1998 Act.

determinations made:

1. The Certificate of Determination dated 21 July 2017 is rescinded pursuant to s 350(3) of the Workplace Injury Management and Workers Compensation Act1998.

2. The matter is to be referred back to the Medical Appeal Panel for reconsideration pursuant to s 378 of the Workplace Injury Management and Workers Compensation Act1998.

STATEMENT OF REASONS

BACKGROUND

1. Ali Sleiman (the applicant) was employed by AGR Tyres Pty Ltd (the respondent) as a tyre fitter and notified the respondent of a workplace injury on 14 May 2014. The respondent’s workers compensation insurer accepted liability and weekly payments of compensation and medical expenses were paid to the applicant.

2. In 2016 the applicant made a claim in respect of whole person impairment (WPI) of 46%. In a letter dated 5 October 2016, the insurer rejected the claim.

3. On 13 October 2016, the applicant lodged an Application to Resolve a Dispute (the application) in the Workers Compensation Commission (WCC). On 21 December 2016 the parties following a conciliation/arbitration hearing agreed that the claim for lump sum compensation pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act) be referred to an Approved Medical Specialist (AMS) for assessment of WPI.

4. On 19 January 2017, an AMS, Dr Phil Truskett, certified that the applicant had suffered injuries resulting in a total of 2% WPI.

5. The applicant appealed from this decision and the matter was referred to a Medical Appeal Panel (MAP). The grounds of the appeal were those in s 327(3)(c) and (d) of the Workplace Injury Management and Workers Compensation Act1998 (the 1998 Act), namely, that the assessment had been made on the basis of incorrect criteria or contained a demonstrable error. The applicant was re-examined by Dr Dixon, a member of the MAP, on 24 May 2017 and on 16 June 2017 the MAP determined that the earlier medical certificate should be revoked and a new medical assessment certificate (MAC) certifying 14% WPI be issued. On 21 July 2017 the WCC issued a Certificate of Determination ordering the respondent to pay the applicant the sum of $20,350 pursuant to s 66 of the 1987 Act in respect of 14% WPI resulting from the injury.

6. In 2019 the applicant…