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Taylor v Scotts Refrigerated Logistics

Taylor v Scotts Refrigerated Logistics

Case [2022] NSWPIC 13 10 January 2022

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CERTIFICATE OF DETERMINATION OF MEMBER
Citation:	Taylor v Scotts Refrigerated Logistics [2022] NSWPIC 13
APPLICANT:	Jeffrey Taylor
RESPONDENT:	Scotts Refrigerated Logistics
Member:	Jacqueline Snell
DATE OF DECISION:	10 January 2022
CATCHWORDS:	WORKERS COMPENSATION - Claim for costs payable under section 60 of the Workers Compensation Act 1987 for proposed surgical treatment in the nature of left shoulder arthroscopic rotator cuff repair and long head of biceps tenotomy; left shoulder injury and need for the proposed surgical treatment placed in issue; Held – the applicant has sustained consequential injury to his left shoulder and has also sustained injury in the nature of an aggravation of a disease injury with his employment being the main contributing factor to injury; the proposed surgical treatment is reasonably necessary treatment for the injury the applicant has sustained to his left shoulder.
determinations made:	1. The applicant sustained injury to his left shoulder in the course of his employment with the respondent which is in the nature of a consequential injury, as alleged. The applicant sustained injury to his left shoulder which is in the nature of an aggravation of a disease injury with his employment with the respondent being the main contributing factor to injury, with deemed date of injury of 22 June 2020, as alleged. 2. The surgical treatment proposed by Dr Huang in his letter dated 18 January 2021 is reasonably necessary treatment for the injury the applicant sustained to his left shoulder in the course of his employment with respondent. The respondent is to pay the costs associated with the surgical treatment proposed by Dr Huang in accordance with s 60 of the 1987 Act.

STATEMENT OF REASONS

BACKGROUND

The applicant, Jeffrey Taylor (Mr Taylor) was employed by the respondent Scotts Refrigeration Logistics (SRL) as a truck driver trainer. Mr Taylor sustained injury to his right shoulder on 19 May 2016 in the course of his employment with SRL. Liability for this injury is accepted by SRL.
In these proceedings Mr Taylor brings a claim under s 60 of the Workers Compensation Act 1987 (1987 Act) for the costs associated with surgical treatment proposed by Dr Huang in his letter dated 18 January 2021. In this letter Dr Huang provided opinion the proposed surgical treatment is reasonably necessary treatment for alleged left shoulder injury sustained by Mr Taylor in the course of employment with SRL.
Mr Taylor’s claim for the costs associated with the proposed surgical treatment was declined. Notices dated 26 February 2021[1] and 22 June 2021[2] were issued to Mr Taylor in accordance with s 78 of the Workplace Injury Management and Workers Compensation Act 1998. Review outcome decision notices dated 28 May 2021[3] and 20 September 2021[4] were also issued to Mr Taylor.
[1] Reply at page 1.
[2] ARD at page 8.
[3] Reply at page 9.
[4] Reply at page 14.

ISSUES FOR DETERMINATION

The parties agree the following issues are in dispute:

(a) injury to Mr Taylor’s left shoulder as a result of his work…

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.

Continue reading Taylor v Scotts Refrigerated Logistics

Details

AGLC: Taylor v Scotts Refrigerated Logistics [2022] NSWPIC 13
Case: [2022] NSWPIC 13
Decision Date: 10 January 2022

CaseChat Overview and Summary

Taylor commenced proceedings in the Workers Compensation Magistrate Court seeking an order for the respondent to pay the costs of proposed surgical treatment in the nature of left shoulder arthroscopic rotator cuff repair and long head of biceps tenotomy. The respondent, Scotts Refrigerated Logistics, disputed the claim on the basis that the applicant had not sustained a compensable injury or, in the alternative, that the proposed surgical treatment was not reasonably necessary. The court was required to determine whether the applicant had sustained a compensable injury, and if so, whether the proposed surgical treatment was reasonably necessary.

The court found that the applicant had sustained a consequential injury to his left shoulder and had also sustained injury in the nature of an aggravation of a disease injury, with his employment being the main contributing factor to the injury. The court noted that the applicant's injury was not solely due to his employment, but his employment was a significant contributing factor. The court found that the proposed surgical treatment was reasonably necessary treatment for the injury the applicant had sustained to his left shoulder.

The court ordered the respondent to pay the costs of the proposed surgical treatment, including the cost of anaesthetic services, as well as the costs of the proceeding. The court found that the applicant had sustained a compensable injury and that the proposed surgical treatment was reasonably necessary. The court's decision was based on the evidence presented and the applicable legal principles.

Orders