Staples v Campbelltown City Council - [2023] NSWPIC 423

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Staples v Campbelltown City Council [2023] NSWPIC 423
APPLICANT:	Stewart James Staples
RESPONDENT:	Campbelltown City Council
Member:	Gaius Whiffin
DATE OF DECISION:	21 August 2023
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for right knee injuries; claim for costs involved in right total knee replacement recommended by Dr Nouh, in accordance with section 60; consideration of applicant’s statements, medical reports and other treatment records, claim correspondence, and factual material; consideration of whether the applicant sustained an injury in the form of an aggravation, acceleration, exacerbation or deterioration of a disease pursuant to section 4(b)(ii) due to the nature of his employment duties with the respondent; Kelly v Western Institute NSW TAFE Commission, Federal Broom Co Pty Limited v Semlitch, AV v AW, Tizzone v F & K Electrics Pty Limited, Volkswagen Financial Services Australia Pty Limited v Mokohar, Davis v Council of the City of Wagga Wagga, Mason v Demasi, Cabramatta Motor Body Repairers (NSW) Pty Limited v Raymond and, Rural Press Limited v Hancock considered; consideration as to what is the deemed date of any injury found in accordance with section 16; consideration of whether the right total knee replacement recommended by Dr Nouh is reasonably necessary medical treatment as a result of the applicant’s accepted injuries on 23 August 2019 and 1 November 2019, as well as any injury found due to the nature of the applicant’s employment duties with the respondent; Murphy v Allity Management Services Pty Limited, Rose v Health Commission (NSW), Diab v NRMA Limited considered; Held – the applicant sustained an injury to his right knee in the form of an aggravation, acceleration, exacerbation or deterioration of a disease in accordance with section 4(b)(ii) due to the nature of his employment duties with the respondent; the deemed date of that injury is 14 May 2021 in accordance with section 16 of the Act; the right total knee replacement surgery proposed for the applicant by Dr Nouh is reasonably necessary medical treatment for him, as a result of his injuries on 23 August 2019, 1 November 2019, and 14 May 2021; award in favour of the applicant; the respondent is to pay for the costs of and incidental to the right total knee replacement surgery proposed for the applicant by Dr Nouh pursuant to section 60.
determinations made:	The Commission determines: 1. The applicant sustained an injury to his right knee in the form of an aggravation, acceleration, exacerbation or deterioration of a disease in accordance with s 4(b)(ii) of the Workers Compensation Act 1987 (1987 Act), due to the nature of his employment duties with the respondent. 2. The deemed date of that injury is 14 May 2021 in accordance with s 16 of the 1987 Act. 3. The total right knee replacement surgery proposed for the applicant by Dr Nouh (as referred to in the doctor’s report at page 63 of the Application to…

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: [2023] NSWPIC 423
Decision Date: 21 August 2023

CaseChat Overview and Summary

Staples sought compensation from Campbelltown City Council for injuries to his right knee. The dispute was heard in the Workers Compensation Court of New South Wales. Staples argued that his employment duties caused an aggravation, acceleration, exacerbation, or deterioration of a pre-existing knee condition, warranting a total knee replacement. He sought reimbursement for the surgery and associated costs under section 60 of the Workers Compensation Act 1987.

The court examined whether Staples' knee injury met the criteria for a compensable injury under section 4(b)(ii) of the Act, considering the nature of his employment duties. This required a review of medical reports, treatment records, and correspondence. The court referenced several precedent cases to understand the legal standards for establishing a connection between employment and the injury. Staples also sought to determine the deemed date of the injury under section 16 of the Act and whether the proposed knee replacement was necessary medical treatment for his injuries.

After evaluating the evidence, the court concluded that Staples' employment duties with the Council did indeed cause an aggravation, acceleration, exacerbation, or deterioration of a disease in his right knee, aligning with section 4(b)(ii) of the Act. The deemed date of this injury was set as 14 May 2021, as per section 16. The court found that the total knee replacement surgery recommended by Dr. Nouh was reasonably necessary for Staples' accepted injuries and the injury found to be work-related. Thus, the court awarded Staples compensation for the surgery and related costs, ordering the Council to cover these expenses under section 60 of the Act.

Orders