Vikuckis v Lion-Dairy & Drinks Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Vikuckis v Lion-Dairy & Drinks Pty Ltd [2024] NSWPIC 501 

APPLICANT:

Christopher Vikuckis

RESPONDENT:

Lion-Dairy & Drinks Pty Ltd

MEMBER:

John Isaksen

DATE OF DECISION:

10 September 2024

CATCHWORDS:

WORKERS COMPENSATION - Personal Injury Commission Act 2020; section 57(1); application for reconsideration of Certificate of Determination (COD); Samuel v Sebel Furniture Limited referred to; whether there has been a deterioration in the worker’s condition that results in an increase in permanent impairment and/or additional relevant information not previously available; Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission & Ors and Petrovic v BC Service No 14 Pty Limited and Ors referred to; Held – medical evidence supports a deterioration in the worker’s condition; there is additional relevant information that was not previously available; COD revoked.

DETERMINATIONS MADE:

The Commission orders:

1. The Certificate of Determination dated 15 January 2021 is revoked pursuant to s 57 (1) of the Personal Injury Commission Act 2020.

2.     The matter is remitted to the President to determine:

(a) if the grounds for appeal specified in s 327 (3)(a) or (b) of the Workplace Injury Management and Workers Compensation Act 1998 has been satisfied; and, if so

(b) whether this matter can be referred for a further assessment of permanent impairment as an alternative to an appeal as provided for by s 329 (1) of the Workplace Injury Management and Workers Compensation Act 1998.

STATEMENT OF REASONS

BACKGROUND

1. The applicant in these proceedings, Christopher Vikuckis, sustained an injury to his left wrist due to repetitive lifting, a consequential condition affecting his right wrist, and an injury to the left knee due to constant walking up and down stairs, while employed as a warehouse operator with the respondent, Lion-Dairy & Drinks Pty Ltd.

2. The respondent admits liability for these injuries.

3. Dr Assem, Approved Medical Specialist, issued a Medical Assessment Certificate (MAC) on 7 December 2020 which assessed the applicant as having 12% whole person impairment (WPI) for a deemed date of injury of 2 May 2019, being the date of the claim made by the applicant for a lump sum payment pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act). The assessment of WPI made by Dr Assem was assessed as follows:

   ·        right upper extremity (wrist)          8%;

   ·        left upper extremity (wrist)             2%;

   ·        left lower extremity (knee)             2%, and

   ·        scarring  0%.

4. The assessment of permanent impairment of both wrists was based upon range of motion.

5. The Workers Compensation Commission issued a Certificate of Determination (COD) on
   15 January 2021 as follows:

   “The Commission determines:

   1. The respondent pay the applicant, as lump sum compensation under section 66 of the Workers Compensation Act 1987, $26,900, in respect of 12% permanent impairment resulting from injury on 2 May 2019.

   Brief statement of reasons

   2. This Certificate of Determination is issued in accordance with the Medical Assessment Certificate issued under Part 7 of Chapter 7 of the Workplace Injury Management and Workers…