White v Strikeforce AMC Pty Ltd - [2025] NSWPIC 479

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	White v Strikeforce AMC Pty Ltd [2025] NSWPIC 479
APPLICANT:	Carolyn White
RESPONDENT:	Strikeforce AMC Pty Ltd
MEMBER:	Gaius Whiffin
DATE OF DECISION:	16 September 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for injuries to left shoulder and consequent chronic regional pain syndrome; claim for proposed future treatment expenses pursuant to section 60 being the provision and the fitting of a tailored dynamic arm splint and a tailored arm sleeve (quoted at $2,077.49); consideration of applicant’s statements, medical reports and other treatment records, and claim correspondence; consideration of whether the proposed treatment is reasonably necessary medical treatment for the applicant as a result of her accepted injury to her left shoulder; Rose v Health Commission (NSW), Diab v NRMA Limited, and Murphy v Allity Management Services Pty Limited applied; Held – the treatment proposed for the applicant is reasonably necessary medical treatment as a result of her injury; respondent ordered to pay the quoted cost for the treatment.
DETERMINATIONS MADE:	The Commission determines: 1. The provision and the fitting of both the tailored dynamic arm splint and the tailored arm sleeve for the applicant (as referred to in the quotation from Second Skin Pty Ltd dated 4 December 2024) are reasonably necessary medical expenses (in accordance with s 60 of the Workers Compensation Act 1987 (the 1987 Act)) as a result of the applicant’s accepted injury on 10 September 2020. The Commission orders: 2. Pursuant to s 60 of the 1987 Act, the respondent is to pay the amount of $2,077.49 (in accordance with the quotation from Second Skin Pty Ltd dated 4 December 2024 – including fitting and freight fees) for the provision and fitting of both a tailored dynamic arm splint and a tailored arm sleeve for the applicant. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

Carolyn White (the applicant) is 55 years old. She was employed by Strikeforce AMC Pty Ltd (the respondent) from 2018, as a brand ambassador.
She injured her left shoulder during her employment with the respondent on 10 September 2020.
The respondent has accepted that the applicant sustained this left shoulder injury, which arose out of or in the course of her employment with it pursuant to s 4 of the Workers Compensation Act 1987 (the 1987 Act). It has also accepted that her employment was a substantial contributing factor to the injury pursuant to s 9A of the 1987 Act. It has in this regard made weekly benefits compensation payments to her, as well as payments to or on her behalf pursuant to s 60 of the 1987 Act.
The applicant alleges that the left shoulder condition has resulted in her developing a chronic regional pain syndrome (CRPS). The CRPS was diagnosed by her treating pain specialist, Dr Shahzad, who has recommended that she be provided with a tailored dynamic arm splint (the tailored arm splint) and a tailored arm…

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.

Continue reading White v Strikeforce AMC Pty Ltd

Details

AGLC: White v Strikeforce AMC Pty Ltd [2025] NSWPIC 479
Case: [2025] NSWPIC 479
Decision Date: 16 September 2025

CaseChat Overview and Summary

The case of White v Strikeforce AMC Pty Ltd involved a claim for injuries sustained by the applicant, White, to her left shoulder, which resulted in chronic regional pain syndrome. The applicant sought compensation for proposed future treatment expenses under section 60 of the Workers Compensation Act 1987, specifically for the provision and fitting of a tailored dynamic arm splint and a tailored arm sleeve. The quoted cost for these treatments was $2,077.49. The court was tasked with determining whether these proposed treatments were reasonably necessary medical treatment for White’s accepted injury.

The legal issues before the court centred on whether the proposed treatment was reasonably necessary for the applicant's injury. This involved a careful consideration of White’s statements, medical reports, and other treatment records, along with the correspondence related to her claim. The court examined precedents such as Rose v Health Commission (NSW), Diab v NRMA Limited, and Murphy v Allity Management Services Pty Limited to assess the necessity and reasonableness of the proposed treatment. The court needed to determine if the treatment aligned with the statutory requirement for reasonably necessary medical treatment under the Workers Compensation Act 1987.

The court concluded that the proposed treatment for White was reasonably necessary medical treatment resulting from her accepted injury to her left shoulder. The reasoning was grounded in the comprehensive assessment of White’s medical needs and the necessity of the proposed treatments to alleviate her symptoms and manage her chronic condition. Applying the principles from the cited cases, the court found that the respondent, Strikeforce AMC Pty Ltd, was obligated to pay the quoted cost for the treatment. Consequently, the respondent was ordered to cover the expenses of $2,077.49 for the tailored dynamic arm splint and tailored arm sleeve for White.

Orders