Taylor v PJM Building Management Pty Limited

WORKERS COMPENSATION COMMISSION
DETERMINATION OF APPEAL AGAINST A DECISION OF THE COMMISSION CONSTITUTED BY AN ARBITRATOR
CITATION:	Taylor v PJM Building Management Pty Limited [2013] NSWWCCPD 52
APPELLANT:	Mark Andrew Taylor
RESPONDENT:	PJM Building Management Pty Limited
INSURER:	Employers Mutual NSW Limited
FILE NUMBER:	A1-9142/12
ARBITRATOR:	Mr G Brown
DATE OF ARBITRATOR’S DECISION:	11 July 2013
DATE OF APPEAL DECISION:	8 October 2013
SUBJECT MATTER OF DECISION:	Section 9A Workers Compensation Act 1987; employment a substantial contributing factor to injury
PRESIDENTIAL MEMBER:	Deputy President Kevin O'Grady
HEARING:	On the papers
REPRESENTATION:	Appellant:	R J Thomas
Respondent:	Stephen Lee Legal
ORDERS MADE ON APPEAL:	1.       The findings of the Arbitrator and the orders found in Certificate of Determination dated 11 July 2013 are confirmed. 2.       No order as to costs.

BACKGROUND

1. Mr Mark Andrew Taylor was employed as a site manager by PJM Building Management Pty Limited (the respondent) at a large residential complex in suburban Sydney known as Balmain Cove. It is not in dispute that, on 17 May 2011, Mr Taylor received injury to his right knee in the course of that employment.

2. The circumstances of the occurrence of that injury are not controversial. Mr Taylor was undertaking an inspection of the site on foot. He left his office, walked across an area described as “the park” to a bitumen walkway. He continued down the walkway, known as “Heart Break Hill” by reason of its steep grade, which led to a foreshore walkway. At the foot of that hill he walked towards a group of local Council employees who were inspecting a stormwater pit. After a discussion with those workers Mr Taylor continued his site inspection. After walking on flat ground, which was paved with bitumen and pavers, for about 20 or 30 metres, Mr Taylor heard a “pop” sound and immediately felt intense pain in his right knee.

3. Mr Taylor was treated on that day at Balmain hospital. Subsequently, on 16 June 2011, he underwent surgical treatment conducted by Dr Robert Sew Hoy, orthopaedic surgeon. That procedure was described by Dr Hoy as “right knee arthroscopy to debride a degenerative posterior horn medial meniscal tear and chondroplasty to the femoral trochlea”.

4. In April 2012 Mr Taylor, through his solicitors, claimed lump sum compensation pursuant to ss 66 and 67 of the Workers Compensation Act 1987 (the 1987 Act). On 1 August 2012 the respondent’s insurer gave Mr Taylor notice, pursuant to s 74 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act), that liability for payment of compensation was disputed.

5. The dispute concerning Mr Taylor’s entitlement to compensation was the subject of an Application filed with the Commission in August 2012. The matter came before Arbitrator Garth Brown for conciliation/arbitration on 15 May 2013. The matter proceeded to arbitration. The claim was in respect of lump sums and medical expenses. The only issue raised for determination was whether Mr Taylor’s employment was, in terms of s 9A of the 1987 Act, a substantial contributing…