| DETERMINATION OF APPEAL PANEL | |
| CITATION: | Taylor v Absolute Aquarium Products Pty Ltd [2025] NSWPICMP 192 |
| APPELLANT: | Lisa Marie Taylor |
| RESPONDENT: | Absolute Aquarium Products Pty Ltd |
| APPEAL PANEL | |
| MEMBER: | Marshal Douglas |
| MEDICAL ASSESSOR: | Michael Davies |
| MEDICAL ASSESSOR: | Sophia Lahz |
| DATE OF DECISION: | 21 March 2025 |
CATCHWORDS: | WORKERS COMPENSATION - Workplace Injury Management and Workers Compensation Act 1998; member found that the appellant’s epilepsy was the result of the appellant’s injury; Member’s finding was confirmed on appeal; Medical Assessor (MA) found the appellant’s epilepsy condition was not the result of the appellant’s injury and did not assess the appellant had any permanent impairment of her nervous system as a result of her injury; Held – whether it was open to the MA to find the appellant’s epilepsy did not result from her injury; Appeal Panel held it was not; whether assessment of impairment can be made by reference to Section 13.b and Table 13-3 of the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed (AMA 5) when bullet point criteria of paragraph 5.9 of the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed 1 March 2021 (the Guidelines) not met; Appeal Panel held it can because paragraph 5.9 modifies section 13.3a, 13.3c, 13.3d, 13.3e, and 13.3f of the AMA5 and not section 13.3b; Medical Assessment Certificate revoked. |
BACKGROUND TO THE APPLICATION TO APPEAL
Lisa Marie Taylor, the appellant, has appealed against the medical assessment that Medical Assessor Ron Granot conducted of a medical dispute between the appellant and Absolute Aquarium Products Pty Ltd, the respondent.
The appellant relies on the ground for appeal listed at s 327(3)(d) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act), being the MAC contains a demonstrable error.
The delegate is satisfied that, on the face of the application, at least one ground of appeal has been made out. The Appeal Panel has conducted a review of the original medical assessment but limited to the ground(s) of appeal on which the appeal is made.
Rule 128 of the Personal Injury Commission Rules 2021 (the PIC Rules) and Procedural Direction PIC7 - Appeals, reviews, reconsiderations and correction of obvious errors in medical disputes set out the practice and procedure in relation to the medical appeal process under s 328 of the 1998 Act. An Appeal Panel determines its own procedures in accordance with r 128(1) of the PIC Rules.
The assessment of permanent impairment is conducted in accordance with the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed
1 March 2021 (the Guidelines) and the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed (AMA 5).
RELEVANT FACTUAL BACKGROUND
The appellant suffered an injury on 6 February 2013 while working for the respondent. Her injury occurred as consequence of a heavy fire door, that was unhinged and leaning against a wall, falling on her head whilst she was mopping the floors.
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- Case
- [2025] NSWPICMP 192
- Decision Date
CaseChat Overview and Summary
The Appeal Panel examined the findings of the Medical Assessor, who concluded that the appellant's epilepsy was not caused by her workplace injury and did not result in any permanent impairment of her nervous system. The appellant argued that the Medical Assessor's findings were incorrect and that her epilepsy was indeed a consequence of her injury. The Appeal Panel considered the relevant statutory provisions and guidelines, including the Workplace Injury Management and Workers Compensation Act 1998, the SIRA NSW Workers Compensation Guidelines, and the American Medical Association Guides to the Evaluation of Permanent Impairment. The Appeal Panel held that it was open to the Medical Assessor to find that the appellant's epilepsy did not result from her workplace injury, and therefore upheld the original decision. Additionally, the Appeal Panel ruled that the assessment of impairment could be made by reference to the American Medical Association Guides to the Evaluation of Permanent Impairment even when the criteria specified in the SIRA NSW Workers Compensation Guidelines were not met, because the Guidelines only modified certain sections of the AMA Guides and not section 13.3b.
Consequently, the Appeal Panel revoked the Medical Assessment Certificate issued by the Medical Assessor. The decision confirms the importance of adhering to the specific guidelines and statutory provisions when assessing workplace injuries and the resulting impairments. The outcome underscores the need for a detailed and methodical approach to such assessments to ensure accurate and fair outcomes for all parties involved.
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Background
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