Transdev NSW South Pty Ltd v Twining

Transdev NSW South Pty Ltd, the employer, sought review of a decision by a Member of the NSW Civil and Administrative Tribunal, which found that the employer was liable for a claim for workers' compensation brought by Mr Twining, the employee. The dispute centred on whether Mr Twining sustained an injury arising out of and in the course of his employment, and if so, whether the Member proceeded on an erroneous basis by finding there were certain conceded consequential conditions. The case was heard in the New South Wales Court of Appeal.

The primary legal issue before the court was whether the Member erred in finding that Mr Twining sustained certain consequential conditions. The court also needed to determine if the Member's finding of whole person impairment was based on an erroneous premise. The court needed to consider the principles of workers' compensation law and the proper approach to assessing whole person impairment.

The court held that the Member had indeed proceeded on an erroneous basis by finding certain consequential conditions. The court held that the Member should have referred the issue of lumbar spine whole person impairment to a Medical Assessor, rather than relying on the findings of independent medical examiners who had assessed 0% whole person impairment. The court cited Shankar v Ceva Logistics (Australia) Pty Limited and Skates v Hills Industries Limited as authority for the proposition that the Member should have followed the correct process in assessing whole person impairment. The court quashed the decision of the Member and remitted the matter back to the Tribunal for rehearing.

The court made no orders as to costs.