Van den Hout v Woolworths Group Limited - [2022] NSWPIC 307

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Van den Hout v Woolworths Group Limited [2022] NSWPIC 307
APPLICANT:	Helena (Helen) Van den Hout
RESPONDENT:	Woolworths Group Limited
MEMBER:	Cameron Burge
DATE OF DECISION:	20 June 2022
CATCHWORDS:	WORKERS COMPENSATION - Weekly benefits claim and claim for future surgery surrounding allegations of injury to multiple body systems; Held– the applicant suffered injuries by way of aggravation to underlying conditions to her left hip and left knee in the course of her employment with the respondent, with a deemed date of injury of 7 October 2021; Federal Broom Co Pty Ltd v Semlitch; Australian Conveyor Engineering Pty Ltd v Mecha Engineering Pty Ltd; AV v AW discussed and followed; the applicant has not discharged the onus of proof with respect to the claims for injury to the lumbar spine, left upper extremity, cervical spine, left hip, bilateral wrists and left ankle; award for the respondent on the injuries claimed in (ii) above; as a result of the injuries referred to in (i) above, the applicant is totally incapacitated for employment; the proposed surgeries to the applicant’s right knee and right hip are reasonably necessary as a result of the injury referred to in (i) above; Taxis Combined Services(Victoria) Pty Ltd v Schokman applied; respondent to pay for the costs of and incidental to the proposed surgeries; respondent to pay the applicant weekly compensation in accordance with the amended claim.
DETERMINATIONS MADE:

Leave is granted to amend the Application to claim weekly compensation from 11 May 2022 to date and continuing at the rate of $506.37 per week.
The applicant suffered injuries by way of aggravation to underlying conditions to her right hip and right lower extremity (knee) in the course of her employment with the respondent, with a deemed date of injury of 7 October 2021.
Award for the respondent on the claimed injuries to the lumbar spine, left upper extremity (shoulder), cervical spine, left hip, bilateral wrists and left ankle.
At the date of injury, the applicant’s pre-injury average weekly earnings were $506.37 per week.
As a result of the injuries referred to in (1) above, the applicant has suffered and continues to suffer total incapacity for employment from 11 May 2022 to date and continuing.
The respondent is to pay the applicant weekly compensation pursuant to section 37 of the Workers Compensation Act 1987 at the rate of $405.09 per week.
The proposed surgeries to the applicant’s right knee and right hip are reasonably necessary as a result of her workplace injuries.
The respondent is to pay the costs of and incidental to the proposed right total hip replacement surgery and the proposed right total knee replacement surgery proposed by Dr Soo in his quote dated 16 December 2021.

STATEMENT OF REASONS

BACKGROUND

Helena (Helen) Van den Hout (the applicant) brings proceedings seeking payment of weekly benefits and medical expenses as a result of a disease injury to her right knee and right hip said to have…

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.

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Details

Case: [2022] NSWPIC 307
Decision Date: 20 June 2022

CaseChat Overview and Summary

Van den Hout brought proceedings against Woolworths Group Limited in the Federal Circuit Court, seeking workers compensation for injuries she alleged occurred in the course of her employment. The dispute centred on the nature and extent of the injuries, as well as the necessity of proposed future surgeries. The applicant claimed that she suffered injuries to multiple body systems, including her lumbar spine, left upper extremity, cervical spine, left hip, bilateral wrists, and left ankle. She sought weekly benefits and approval for surgeries to her right knee and right hip.

The legal issues before the court included determining whether the applicant had suffered compensable injuries, identifying the date of injury, and deciding on the necessity of proposed future surgeries. The court needed to assess whether the applicant had discharged the onus of proving the claimed injuries and the reasonableness of the proposed surgeries. The court considered the relevant legal principles, including the deeming provisions and the requirement to establish a causal link between the injuries and the employment.

The court found that the applicant suffered injuries to her left hip and left knee, which were an aggravation of underlying conditions, with a deemed date of injury of 7 October 2021. However, the applicant failed to prove the other claimed injuries. The court held that the proposed surgeries to the right knee and right hip were reasonably necessary as a consequence of the compensable injuries. The applicant was deemed totally incapacitated for employment due to the injuries to her left hip and left knee. The court ordered the respondent to pay for the costs of the proposed surgeries and to pay weekly compensation to the applicant.

The court dismissed the claims for injuries to the lumbar spine, left upper extremity, cervical spine, bilateral wrists, and left ankle. The respondent was directed to pay the costs of the proceedings.

Orders