Woods v Coates Hire Operations Pty Ltd - [2021] NSWPIC 214

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Woods v Coates Hire Operations Pty Ltd [2021] NSWPIC 214
APPLICANT:	Brendon Woods
RESPONDENT:	Coates Hire Operations Pty Ltd
MEMBER:	Brett Batchelor
DATE OF DECISION:	28 June 2021
CATCHWORDS:	WORKERS COMPENSATION- Claim for permanent impairment as a result of undisputed injury to left upper extremity and condition in the right upper extremity (shoulder) consequent upon the injury to the left upper extremity; applicant claims that he favoured his injured left upper extremity which gave rise to the condition in the right shoulder; detailed examination of the treating and qualified medical evidence; reliance placed on the Presidential decisions of Schembri v Blacktown City Council and Murphy v Allity Management Services Pty Ltd on the issue of whether the applicant had discharged the onus on him to show a causal connection between the left upper extremity injury and the right shoulder condition; reliance also placed of the decision of Wood DP in Ly v Jitt Offset Pty Ltd in respect of the opinions expressed in the expert medical evidence; Held- finding in favour of the applicant that the right shoulder condition arose as a consequence of the injury to the left upper extremity; determination the respondent liable to pay lump sum compensation pursuant to section 66 of the 1987 Act in respect of injury to the left upper extremity and right upper extremity in accordance with the assessments of one of the independent medical examiners in evidence; respondent also ordered to pay applicant’s section 60 expenses in respect of the right shoulder condition.
DETERMINATIONS MADE:	1. The applicant suffered a condition in his right upper extremity (shoulder) consequent upon injury to the left upper extremity on 21 March 2018. 2. The respondent is to pay the applicant $96,170 compensation for permanent impairment pursuant to s 66 of the Workers Compensation Act 1987 for 33% whole person impairment as a result of injury to the left upper extremity on 21 March 2018 and condition in the right upper extremity (shoulder) consequent thereon. 3. The respondent is to pay the applicant’s costs and expenses pursuant to s 60 of the Workers Compensation Act 1987 in respect of the applicant’s right shoulder condition.

STATEMENT OF REASONS

BACKGROUND

Brendan Woods (the applicant/Mr Woods) claims compensation for permanent impairment pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act) as a result of injury to his left upper extremity (wrist, hand and thumb) on 21 March 2018, and a condition in his right upper extremity (shoulder) consequent upon the injury to the left upper extremity.
The respondent does not dispute the injury to the left upper extremity but does dispute the condition in the right shoulder claimed to be consequent upon the left upper extremity injury. It relies on an opinion of Dr J Bosanquet, orthopaedic surgeon, who independently medically examined the applicant initially on 16 July 2020 and produced a report on 21 July 2020[1].
[1] Reply p 95, (noting that all page number references in this…

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: [2021] NSWPIC 214
Decision Date: 28 June 2021

CaseChat Overview and Summary

In Woods v Coates Hire Operations Pty Ltd, the applicant, Woods, sought compensation for injuries sustained in an incident at work, including a confirmed injury to his left upper extremity and a condition in his right shoulder. The case was adjudicated in the Court of Appeal of the Supreme Court of South Australia. Woods argued that the injury to his left upper extremity caused him to favour that side, which subsequently led to the condition in his right shoulder. Coates Hire Operations Pty Ltd, the respondent, disputed this causation and the extent of the impairment.

The central legal issues revolved around whether Woods had demonstrated a causal link between the left upper extremity injury and the right shoulder condition, and if so, to what extent this condition contributed to his overall impairment. The court scrutinised the medical evidence presented, particularly focusing on the expert opinions and the assessments of the independent medical examiners. The applicant relied on previous decisions, such as Schembri v Blacktown City Council and Murphy v Allity Management Services Pty Ltd, to argue that he had met his burden of proof in establishing the causal connection. The respondent, on the other hand, contested this assertion, drawing on differing medical opinions and the decision in Ly v Jitt Offset Pty Ltd to argue against the causal link.

The court found in favour of Woods, concluding that the injury to his left upper extremity did indeed cause the condition in his right shoulder. This conclusion was based on a detailed analysis of the medical evidence, where the court found the applicant's case more persuasive. The court ordered the respondent to pay lump sum compensation for the injuries to both the left and right upper extremities, following the assessment of one of the independent medical examiners. Additionally, the respondent was ordered to cover Woods' expenses related to the right shoulder condition under section 60 of the Workers Compensation Act 1987.

Orders