Valdivia v ISS Property Services Pty Ltd

[2021] NSWPIC 392

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Valdivia v ISS Property Services Pty Ltd [2021] NSWPIC 392

APPLICANT:

Gustavo Alfredo Soto Valdivia

RESPONDENT:

ISS Property Services Pty Ltd

MEMBER:

Kerry Haddock

DATE OF DECISION:

6 October 2021

CATCHWORDS:

WORKERS COMPENSATION -  Claim for permanent impairment compensation as result of accepted frank injury to right knee, and as a result of nature and conditions of employment from date of injury to 18 December 2017; claim for nature and conditions disputed; applicant’s independent medical examiner opined that his condition was not a disease; consideration of Guthrie v Spence, Fletcher International Exports Pty Limited v Barrow, Mannie v Bauer Media Pty Ltd and AV v AW; Held -  award for the respondent in respect of the claim for nature and conditions of employment; medical dispute remitted to the President for referral to a Medical Assessor.

DETERMINATIONS MADE:

1.    That there is an award for the respondent in respect of the claim for injury as a result of the nature and conditions of employment from 20 July 2011 to 18 December 2017.

2.    That the matter is remitted to the President for referral to a Medical Assessor for assessment of permanent impairment as a result of injury to the right lower extremity (right knee) on 20 July 2011, and TEMSKI scarring.

3.    That the Medical Assessor is to be provided with the following:

(a)     the Application to Resolve a Dispute and attachments;

(b)     the Reply and attachments, and

(c)     the Application to Admit Late Documents dated 6 September 2021 and attachments.