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Yandell v Walpett Engineering Pty Ltd

Yandell v Walpett Engineering Pty Ltd

Case [2025] NSWPIC 480 16 September 2025

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CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Yandell v Walpett Engineering Pty Ltd [2025] NSWPIC 480
APPLICANT:	Phillip John Yandell
RESPONDENT:	Walpett Engineering Pty Ltd
MEMBER:	Anthony Scarcella
DATE OF DECISION:	16 September 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); permanent impairment compensation; whether the applicant suffered a consequential condition to his left hand as a result of accepted injuries to his left elbow, left forearm, and left wrist; Moon v Conmah Pty Ltd, Kumar v Royal Comfort Bedding Pty Ltd, Bouchmouni v Bakos Matta t/as Western Red Services, Kooragang Cement Pty Ltd v Bates, Kirunda v State of New South Wales (No 4), and Munce v Thomson Cool Rooms Pty Ltd considered and applied; Held – the applicant discharged the onus of proving on the balance of probabilities that there is a sufficient causal chain connecting the condition of his left hand to the accepted injuries to the left elbow, left forearm, and left wrist; matter remitted to the President for referral to a Medical Assessor under section 321 of the 1998 Act for assessment of whole person impairment of the left upper extremity (elbow, forearm, wrist and hand) and the skin (TEMSKI – scarring).
DETERMINATIONS MADE:	The Personal Injury Commission determines: 1. The applicant suffered injuries to the left elbow, left forearm and left wrist arising out of or in the course of his employment with the respondent on 7 December 2021 within the meaning of ss 4(a) and 9A of the Workers Compensation Act 1987. 2. The applicant suffered a consequential condition to his skin in the form of scarring as a result of the accepted injuries to his left elbow, left forearm and left wrist in the course of his employment with the respondent on 7 December 2021. 3. The applicant suffered a consequential condition to his left hand as a result of the accepted injuries to his left elbow, left forearm and left wrist in the course of his employment with the respondent on 7 December 2021. The Personal Injury Commission orders: 4. The matter is remitted to the President for referral to a Medical Assessor under s 321 of the Workplace Injury Management and Workers Compensation Act 1998 for assessment as follows: (a) date of injury: 7 December 2021 – personal injury and consequential condition; (b) body systems: left upper extremity (elbow, forearm, wrist and hand) and the skin (TEMSKI – scarring), and (c) method of assessment: whole person impairment. 5. The documents to be reviewed by the Medical Assessor are: (a) Application to Resolve a Dispute dated 30 May 2025 and attached documents; (b) Reply to Application to Resolve a Dispute dated 24 June 2025 and attached documents; (c) Application to Lodge Additional Documents filed by the applicant on 30 July 2025 and attached documents, and (d) this Certificate of Determination and Statement of Reasons. A brief statement is attached setting out the Commission’s…

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 Yandell v Walpett Engineering Pty Ltd

Details

AGLC: Yandell v Walpett Engineering Pty Ltd [2025] NSWPIC 480
Case: [2025] NSWPIC 480
Decision Date: 16 September 2025

CaseChat Overview and Summary

In the case of Yandell v Walpett Engineering Pty Ltd, the applicant, Mr. Yandell, sought permanent impairment compensation in relation to his left hand. The dispute was heard by the Workers Compensation Commission of New South Wales. The central issue before the court was whether Mr. Yandell suffered a consequential condition to his left hand as a result of previously accepted injuries to his left elbow, left forearm, and left wrist.

The court was tasked with determining if there was a sufficient causal chain linking the condition of Mr. Yandell’s left hand to the injuries he sustained. This involved a careful examination of the evidence provided and the application of relevant legal principles established in cases such as Moon v Conmah Pty Ltd, Kumar v Royal Comfort Bedding Pty Ltd, Bouchmouni v Bakos Matta t/as Western Red Services, Kooragang Cement Pty Ltd v Bates, Kirunda v State of New South Wales (No 4), and Munce v Thomson Cool Rooms Pty Ltd. The court found that Mr. Yandell had discharged the onus of proving the causal connection on the balance of probabilities. This conclusion was reached after considering the medical evidence, the nature of the injuries, and the subsequent condition of the left hand.

As a result of this finding, the court remitted the matter back to the President for referral to a Medical Assessor under section 321 of the Workplace Injury Management and Workers Compensation Act 1998. The Assessor was directed to assess the whole person impairment of Mr. Yandell’s left upper extremity, including the elbow, forearm, wrist, and hand, as well as the scarring on the skin. This comprehensive assessment would inform the determination of the appropriate compensation for Mr. Yandell’s permanent impairment.

Orders