Stephenson v Inghams Enterprises Pty Ltd - [2023] NSWPIC 70

CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Stephenson v Inghams Enterprises Pty Ltd [2023] NSWPIC 70
APPLICANT:	Chris Stephenson
RESPONDENT:	Inghams Enterprises Pty Ltd
Member:	Jacqueline Snell
DATE OF DECISION:	24 February 2023
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; the applicant claims permanent impairment compensation payable under section 66 resulting from alleged injury sustained to his cervical spine and lumbar spine in the course of his employment with the respondent; deemed date of injury of 23 February 2015; the applicant alleges he sustained injury to his cervical spine and lumbar spine as a result of the nature and conditions of his employment with the respondent (including but not limited to injury sustained to his lumbar spine on 19 February 2008 and 23 February 2015); the respondent disputed the applicant sustained injury to his cervical spine and lumbar spine in the course of his employment with the respondent; the respondent argued in the alternative that in the event the applicant was found to have sustained injury to his cervical spine and lumbar spine, such injuries should not be assessed together for the purpose of ascertaining whole person impairment (WPI); Held – the applicant sustained injury to his cervical spine and lumbar spine in the course of his employment with the respondent, with the applicant’s employment with the respondent being the main contributing factor to injury; the deemed date of injury is 23 February 2015; the applicant’s claim for permanent impairment compensation is remitted to the President of the Personal Injury Commission for referral to a Medical Assessor for assessment of WPI resulting from injury sustained to his cervical spine and lumbar spine in the course of his employment with the respondent with deemed date of injury of 23 February 2015.
determinations made:	1. The applicant sustained injury in his lumbar spine in the course of his employment with the respondent (including but not limited to injurious episodes affecting his lumbar spine on 19 February 2008 and 23 February 2015). The applicant’s employment with the respondent is the main contributing factor to injury. The deemed date of injury is 23 February 2015. 2. The applicant sustained injury to his cervical spine in the course of his employment with the respondent. The applicant’s employment with the respondent is the main contributing factor to injury. The deemed date of injury is 23 February 2015. 3. I remit this matter to the President for referral to a Medical Assessor pursuant to s 321 of the Workplace Injury Management and Workers Compensation Act 1998 for assessment as follows: Date of injury: 23 February 2015 (deemed) – Disease Body systems/parts: lumbar spine and cervical spine Method of assessment: whole person impairment 4. The documents to be reviewed by the Medical Assessor are: (a) this Certificate of Determination and Statement of Reasons; (b) Application to Resolve a Dispute and attached documents; (c) Reply and attached documents, and (d) Application to Admit Late Documents dated 14 October 2022 and attached documents.

STATEMENT OF REASONS

Background

At 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: [2023] NSWPIC 70
Decision Date: 24 February 2023

CaseChat Overview and Summary

In Stephenson v Inghams Enterprises Pty Ltd, the applicant, Mr Stephenson, sought permanent impairment compensation from the respondent, Inghams Enterprises Pty Ltd, under section 66 of the Workers Compensation Act 1987. The applicant claimed that he sustained injuries to his cervical spine and lumbar spine during the course of his employment, specifically citing incidents on 19 February 2008 and 23 February 2015, with the latter date designated as the deemed date of injury. The respondent contested the applicant's claims, denying that the injuries were work-related and, alternatively, arguing that the injuries should not be assessed together for determining whole person impairment (WPI).

The legal issues before the court were whether the applicant's injuries to his cervical spine and lumbar spine were indeed sustained in the course of his employment, and if so, whether these injuries should be assessed together for WPI. The court had to determine the primary contributing factor to the applicant’s injuries and establish the deemed date of injury. Additionally, if the injuries were work-related, the court had to decide on the appropriate assessment method for WPI.

The court found that the applicant had sustained injuries to his cervical spine and lumbar spine in the course of his employment, with his employment being the main contributing factor. The deemed date of injury was confirmed as 23 February 2015. The court also concluded that the injuries should be assessed together for WPI purposes. Consequently, the applicant's claim for permanent impairment compensation was remitted to the President of the Personal Injury Commission for referral to a Medical Assessor to determine the WPI resulting from the injuries sustained on 23 February 2015.

Orders