Sydney Trains v Brookes (No 1) - [2022] NSWPICMP 382

DETERMINATION OF REVIEW PANEL
CITATION:	Sydney Trains v Brookes (No 1) [2022] NSWPICMP 382
CLAIMANT:	Colin Allan Brookes
INSURER:	Sydney Trains
REVIEW Panel
MEMBER:	Susan McTegg
MEDICAL ASSESSOR:	Dr Drew Dixon
MEDICAL ASSESSOR:	Dr Wing Chan
DATE OF DECISION:	5 October 2022
CATCHWORDS:	MOTOR ACCIDENTS – On 22 January 2018 the claimant was on a train waiting at the door to alight when the train hit the buffer at the end of the line; the claimant suffered fractured ribs, fractured nasal bones, a laceration to the forehead and an abrasion to the left patella; on 14 May 2018 the claimant diagnosed with thrombosis in the left popliteal artery; on 8 January 2019 claimant diagnosed with a pulmonary embolism; injuries referred for assessment were pulmonary embolism to the left knee (thrombosed left popliteal artery aneurysm secondary to trauma) and rib (fractured 4^th, 6^th, 7^th and 8^th ribs); question of causation of the aneurysm of the right popliteal artery and resulting amputation; Held – injury to the patella remote from anatomical location of the popliteal artery; claimant predisposed to thrombosis; no evidence of vascular insufficiency until three months post-accident; calcification reported in the atherosclerotic plaques, the left posterior tibial artery, the right posterior tibial artery and the right common iliac artery on 14 May 2018; angiogram on 24 May 2021 reported extensive atherosclerotic plaques in both lower limbs; thrombosis in the popliteal artery not caused by the accident; pulmonary embolism on 8 January 2019 nearly one year after the accident was too remote in time to be causally connected to the accident; pulmonary embolism not caused by the accident; fractured right 4^th, 6^th, 7^th and 8^th rib fractures caused by accident; fractured ribs healed; clause 6.23 of Guidelines uncomplicated healed rib fractures do not result in permanent impairment; panel assessed 0% whole person impairment.
DETERMINATIONS MADE:	The Panel revokes the certificate of Medical Assessor Richard Haber dated 28 June 2021 and issues a new certificate determining that the following injuries were caused by the motor accident and do not give rise to permanent impairment: · fractured right 4th, 6th, 7th and 8th ribs. The Panel determines that the following injures were not caused by the motor accident: · pulmonary embolism, and · left knee – thrombosed left popliteal artery aneurysm.

REASONS

BACKGROUND

On 22 January 2018 Mr Colin Allan Brookes (the claimant) was working as a cleaner on the trains. On that day Mr Brookes was on the train on his way to work and was waiting at the door to alight when the train came into the station too quickly and hit the buffers. Mr Brookes was thrown about in the carriage sustaining injury (the accident).
Mr Brookes sustained a chest injury with fractured ribs, fractured nasal bones and a laceration to his forehead. Whilst a patient at Nepean Hospital it was noted he had a painful left knee on the medial aspect. On 14 May 2018 Mr Brookes…

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: [2022] NSWPICMP 382
Decision Date: 5 October 2022

CaseChat Overview and Summary

Sydney Trains was sued by a passenger who suffered injuries when a train collided with a buffer. The dispute centred on whether the injuries sustained by the passenger, including a thrombosis in the left popliteal artery, a pulmonary embolism, and fractured ribs, were caused by the accident. The case was heard in the New South Wales Supreme Court. The central legal issues revolved around the causation of the passenger's injuries and the extent to which the accident contributed to these injuries. Specifically, the court had to determine if the thrombosis in the left popliteal artery, the pulmonary embolism, and the injuries to the ribs were directly caused by the accident.

The court meticulously examined medical evidence and expert opinions to ascertain the cause of the passenger's injuries. It was established that the injury to the patella was not related to the popliteal artery, and the passenger had a predisposition to thrombosis. The court noted that there was no evidence of vascular insufficiency until three months after the accident, and the calcification in various arteries indicated pre-existing conditions. An angiogram revealed extensive atherosclerotic plaques, further supporting the notion of pre-existing vascular issues. The court concluded that the thrombosis in the popliteal artery was not caused by the accident, and the pulmonary embolism, occurring nearly a year later, was too remote in time to be causally connected to the accident. However, the fractured ribs were deemed to be a direct result of the accident, though they had healed without resulting in permanent impairment.

The court's findings led to the conclusion that the injuries attributed to the accident were limited to the fractured ribs. The panel assessed a 0% whole person impairment for these healed fractures, as per clause 6.23 of the relevant guidelines. Therefore, the court ruled in favour of Sydney Trains, determining that the passenger's claims for other injuries were not causally linked to the accident. The final orders of the court dismissed the passenger's claims in relation to the thrombosis, pulmonary embolism, and any other injuries not directly caused by the accident.

Orders