Vo v UPS Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Vo v UPS Pty Ltd [2025] NSWPIC 344

APPLICANT:

Quoc Ky Vo

RESPONDENT:

UPS Pty Ltd

MEMBER:

Diana Benk

DATE OF DECISION:

17 July 2025

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; claim for injury to the cervical and lumbar spine, bilateral shoulders, elbows and wrists and resultant incapacity; respondent denied injury and incapacity; respondent denies that the work of the applicant in his role as a storeman was heavy or could have resulted in injury; respondent relied on a statement made by an unverified and unsigned source; respondent’s medical assessment undertaken without an interpreter; applicant’s English skills poor; respondent’s assessor also failed to engage with the evidence of employment as a warehouse storeman for a period of 20 years; Held – applicant sustained injury in the course of his employment to the lumbar and cervical spines, bilateral shoulders, wrist and elbow; applicant partially incapacitated for work; respondent liable to pay weekly compensation pursuant to sections 36 and 37.

DETERMINATIONS MADE:

1.     The applicant sustained injury to the lumbar and cervical spines, bilateral shoulders, elbows and wrists in the course of his employment with the respondent on 18 October 2022 (deemed) and his employment was the main contributing factor;

2. The respondent to pay the applicant weekly compensation pursuant to s 36 of the Workers Compensation Act 1987 at the rate of $545 per week between 9 December 2022 to 10 March 2023;

3. The respondent to pay the applicant weekly compensation pursuant to s 37 of the 1987 Act at the rate of $216 per week between 11 March 2023 to 30 May 2025 as indexed.

4.     Liberty to apply with respect to the calculation of weekly entitlements.

STATEMENT OF REASONS

BACKGROUND

1. By way of an Application to Resolve a Dispute (ARD) filed in the Personal Injury Commission (the Commission), Mr Vo, (the applicant) claims weekly compensation benefits for incapacity arising out of injuries to the neck, back, bilateral shoulders, elbows and wrists which he attributes to the heavy and repeated nature and conditions of his employment over a period of 20 years with UPS Pty Ltd (the respondent).

2. The respondent denies it is liable to pay compensation maintaining employment was not the main contributing factor to the injuries claimed. It also disputes incapacity.

3. The matter underwent the usual case management pathway including conciliation where parties agreed the pre-injury average weekly earnings (PIAWE) were $1,290 per week (or $34 per hour) and given the medical evidence, weekly compensation entitlements were capped at 130 weeks pursuant to s 36 and s 37 of the Workers Compensation Act 1987 (the 1987 Act). The parties requested I determine;

   (a)    whether the applicant sustained injuries to the neck, back, bilateral shoulders, elbows and wrists;

   (b)    whether employment was the main contributing factor to the injuries, and

   (c)    the degree of incapacity.

4. Mr Gaitanis of counsel instructed by Mr George represented the applicant. Mr Rickard of counsel instructed by Mr Lee represented the respondent. Ms Sahrene…