Verma v Transit Systems West Services Pty Ltd - [2025] NSWPIC 38

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Verma v Transit Systems West Services Pty Ltd [2025] NSWPIC 38
APPLICANT:	Rajnish Verma
RESPONDENT:	Transit Systems West Services Pty Ltd
MEMBER:	Fiona Seaton
DATE OF DECISION:	5 February 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; disputed injuries to right hip and lumbar spine, claim for weekly payments and medical expenses; Held – the applicant sustained an aggravation of his right hip disease and a lumbar spine injury on 26 February 2024; the respondent is to pay weekly benefits compensation and reasonably necessary medical expenses.
DETERMINATIONS MADE:	The Commission determines: 1. The applicant sustained an aggravation of his right hip disease in the course of employment with the respondent on 26 February 2024 and the employment was the main contributing factor to the aggravation pursuant to s 4(b)(ii) of the Workers Compensation Act 1987 (the 1987 Act). 2. The applicant sustained a lumbar spine injury in the course of employment with the respondent on 26 February 2024 pursuant to s 4(a) of the 1987 Act and the employment was a substantial contributing factor to the injury pursuant to s 9A of the 1987 Act. 3. The respondent is to pay the applicant weekly compensation at the pre-injury average weekly earnings (PIAWE) rate of $1,878.02 subject to indexation as follows: (a) 10 July 2024 to 29 September 2024 at $1,878.02 x 80%, or $1,502.42, less current work capacity of 20 hours per week at $32.73 per hour or $654.60, pursuant to s 37(3) of the 1987 Act; (b) 30 September 2024 to 8 October 2024 at $1,878.02 x 1.0198, or $1,915.20 x 80%, being $1,532.16 pursuant to s 37(1) of the 1987 Act; (c) 9 October 2024 to 23 October 2024 at $1,878.02 x 1.0198, or $1,915.20 x 80%, being $1,532.16, less current work capacity of 20 hours per week at $32.73 or $654.60, pursuant to s 37(3) of the 1987 Act, and (d) 24 October 2024 to date and continuing at $1,878.02 x 1.0198, or $1,915.20 x 80%, being $1,532.16, pursuant to s 37(1) of the 1987 Act. 4. The parties have 14 days liberty to apply with respect to the calculation of indexation of the weekly compensation amount referred to above. 5. The respondent is to pay the applicant’s past medical, hospital or related expenses in the amount of $1,223.45 including two consultations with Dr Ashaia and the MRI costs of 23 September 2024 on production of accounts, receipts and Medicare Notice of Charge. 6. The applicant is entitled to payment of reasonably necessary future medical, hospital or related expenses arising from the aggravation of his right hip disease and lumbar spine injury on 26 February 2024 pursuant to s 60 of the 1987 Act. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

The applicant Mr Rajnish Verma was employed as a bus driver by the respondent Transit Systems West Services Pty Ltd. At about 6.30pm on 26 February…

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: [2025] NSWPIC 38
Decision Date: 5 February 2025

CaseChat Overview and Summary

The applicant in this case, Verma, brought an application against Transit Systems West Services Pty Ltd, the respondent, seeking compensation for injuries sustained at work. Verma contended that he suffered aggravation of his pre-existing right hip disease and a new lumbar spine injury on 26 February 2024, during the course of his employment. He sought weekly payments and reimbursement for medical expenses under the provisions of the Workers Compensation Act 1987. The respondent contested the claim, asserting that Verma's injuries were either unrelated to his employment or did not meet the threshold for compensable injury.

The central legal issues before the court were whether Verma's injuries were indeed work-related and whether they qualified as compensable under the Act. The court needed to determine the nature and extent of the injuries, the causation link between the injuries and Verma's employment, and whether the injuries resulted in a significant incapacity. Additionally, the court had to consider whether the respondent had any valid defences or mitigating factors that could reduce the compensation owed.

In its decision, the court found that Verma did sustain an aggravation of his pre-existing right hip disease and a lumbar spine injury on 26 February 2024. The court was satisfied that these injuries occurred in the course of employment, establishing the necessary causal link required for compensation. The court also found that Verma's injuries resulted in a significant incapacity, justifying the award of weekly benefits and medical expenses. The respondent's arguments were rejected as the evidence did not support their claims that the injuries were unrelated to employment or that Verma's pre-existing conditions precluded compensation.

The court ordered that Transit Systems West Services Pty Ltd pay Verma weekly benefits compensation and reimburse him for reasonably necessary medical expenses. The determination clarified the responsibilities of the employer under the Workers Compensation Act 1987, emphasizing the need to provide appropriate compensation for work-related injuries.

Orders