Wood v Port Stephens Council - [2024] NSWPIC 567

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Wood v Port Stephens Council [2024] NSWPIC 567
APPLICANT:	Keiran John Wood
RESPONDENT:	Port Stephens Council
MEMBER:	Fiona Seaton
DATE OF DECISION:	14 October 2024
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for medical treatment expenses; accepted injury to cervical spine on 7 December 2022; proposed cervical spine discectomy and fusion surgery disputed; alleged injury to lower back disputed; Held – the proposed cervical spine surgery is reasonably necessary as a result of injury, the applicant sustained an aggravation of his lumbar spine disease as a result of injury on 7 December 2022.
DETERMINATIONS MADE:	The Commission determines: 1. The C5/6 discectomy and fusion surgery proposed by Dr Spittaler on 18 April 2024 is reasonably necessary as a result of the applicant’s cervical spine injury on 7 December 2022 pursuant to s 60 of the Workers Compensation Act 1987 (the 1987 Act). 2. The applicant sustained an aggravation of his lumbar spine disease as a result of the accident on 7 December 2022 pursuant to s 4 of the 1987 Act. The Commission orders: 1. The respondent to pay the costs of and incidental to the C5/6 discectomy and fusion surgery proposed by Dr Spittaler on 18 April 2024 at the SIRA gazetted rates. 2. The respondent to pay reasonably necessary medical and related expenses arising from the aggravation to the applicant’s lumbar spine disease 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 Keiran Wood was employed as a Council Ranger by the respondent Port Stephens Council. He was injured in a motor vehicle accident while returning from a St Johns Ambulance course with a colleague on 7 December 2022. He felt immediate pain in his cervical spine and suffered a burn on his left arm after deployment of the airbag. He subsequently developed pain in his lower back.
The respondent issued dispute notices under s 78 of the Workplace Injury Management and Workers Compensation Act 1998 on 19 July 2023, 15 August 2023 and 2 November 2023 disputing liability for the applicant’s lower back injury.
A s 78 dispute notice issued on 13 May 2024 disputes liability for C5/6 discectomy and fusion surgery proposed by Dr Spittaler.
The applicant lodged an Application to Resolve a Dispute (ARD) with the Personal Injury Commission (Commission) on 25 July 2024 claiming past and future medical and related treatment expenses including the proposed cervical spine surgery, and a general order for reasonably necessary medical costs associated with the applicant’s lower back condition.
The dispute was listed for conciliation conference and arbitration hearing for determination of whether the applicant sustained a lumbar spine injury on 7 December 2022 pursuant to s 4 of the Workers Compensation Act 1987 (the 1987 Act), and whether the applicant is entitled to payment of reasonably necessary medical expenses pursuant to s 60 of the 1987 Act.

ISSUES FOR DETERMINATION

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 Wood v Port Stephens Council

Details

AGLC: Wood v Port Stephens Council [2024] NSWPIC 567
Case: [2024] NSWPIC 567
Decision Date: 14 October 2024

CaseChat Overview and Summary

In the matter of Wood v Port Stephens Council, the court was presented with a dispute regarding workers' compensation expenses. The applicant, Wood, sought compensation for medical treatment expenses following an injury sustained on 7 December 2022. The council contested the necessity of the proposed cervical spine discectomy and fusion surgery and denied that any injury had been sustained to the lower back. The case was heard in the relevant workers' compensation court, tasked with determining the validity of the medical treatment expenses claimed by Wood.

The primary legal issues the court needed to address were whether the proposed cervical spine surgery was reasonably necessary as a result of the injury, and whether Wood had sustained an aggravation of his lumbar spine disease due to the injury on 7 December 2022. The council argued that the surgery was not necessary and that no injury had occurred to the lower back, while Wood maintained that the surgery was essential and that his lumbar spine condition had been aggravated by the incident.

The court examined the evidence and expert opinions presented by both parties. It found that the proposed cervical spine surgery was reasonably necessary as a direct consequence of the injury. Additionally, the court determined that Wood had indeed suffered an aggravation of his lumbar spine disease due to the incident on 7 December 2022. The council's arguments were deemed unconvincing, and the court ruled in favour of Wood's claims.

As a result, the court ordered Port Stephens Council to compensate Wood for the medical treatment expenses, including the proposed cervical spine surgery, as well as the aggravation of his lumbar spine disease. The council was directed to cover the costs associated with these treatments and any related expenses.

Orders