Valdivia v ISS Property Services Pty Ltd Summary

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.

CaseChat Overview and Summary

In the case of Valdivia v ISS Property Services Pty Ltd, the applicant, Valdivia, sought compensation for permanent impairment resulting from an accepted injury to his right knee. The claim included compensation for the nature and conditions of employment from the date of injury until 18 December 2017. The respondent, ISS Property Services Pty Ltd, disputed the claim for nature and conditions, arguing that Valdivia's condition was not a disease. The case was heard in the Workers Compensation Division of the Supreme Court of Queensland.

The central legal issues the court had to address were whether Valdivia's condition constituted a disease and whether the nature and conditions of employment claim was valid. The court examined the case law in this area, including Guthrie v Spence, Fletcher International Exports Pty Limited v Barrow, Mannie v Bauer Media Pty Ltd, and AV v AW, to determine the correct interpretation of the relevant legislation. The applicant's independent medical examiner had opined that Valdivia's condition was not a disease, which became a pivotal point in the dispute.

The court found that the nature and conditions of employment claim was disputed and thus required a referral to a Medical Assessor to determine if Valdivia's condition was a disease. The court held in favor of the respondent regarding the nature and conditions of employment claim. The court also noted that the issue of whether Valdivia's condition was a disease was a medical dispute, and it remitted this matter to the President for referral to a Medical Assessor. The final orders of the court were that the claim for nature and conditions of employment was dismissed, and the medical dispute regarding the disease was remitted for further assessment.

Valdivia v ISS Property Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established