Yu v Vertex Point Pty Ltd

DETERMINATION OF APPEAL PANEL
CITATION:	Yu v Vertex Point Pty Ltd [2025] NSWPICMP 343
APPELLANT:	Guo Yu
RESPONDENT:	Vertex Point Pty Ltd
APPEAL PANEL
MEMBER:	Catherine McDonald
MEDICAL ASSESSOR:	Tommasino Mastroianni
MEDICAL ASSESSOR:	Roger Pillemer
DATE OF DECISION:	15 May 2025
CATCHWORDS:	WORKERS COMPENSATION - Workplace Injury Management and Workers Compensation Act 1998; review of Medical Assessment Certificate (MAC); injury to ankle resulting in four operations including subtalar fusion; limited medical evidence in file; assessment of range of motion and subtalar fusion; grading of peripheral nerve injury; Held – MAC revoked; new certificate issued.

BACKGROUND TO THE APPLICATION TO APPEAL

1. On 6 February 2025 Guo Yu lodged an Application to Appeal Against the Decision of a Medical Assessor. The medical dispute was assessed by Medical Assessor Rob Kuru, who issued a Medical Assessment Certificate (MAC) on 9 January 2025.

2. Mr Yu relies on the grounds of appeal under s 327(3)(a), (c) and (d) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act):

   ·        deterioration of his condition that results in an increase in the degree of permanent impairment;

   ·        the assessment was made on the basis of incorrect criteria, and

   ·        the MAC contains a demonstrable error.

3. Mr Yu sought to rely on s 327(3)(a) in respect of alopecia. The delegate declined to refer that aspect of the appeal because it did not form part of the referral to the Medical Assessor. The President’s delegate was satisfied that, on the face of the application, at least one ground of appeal was made out, being that in s 327(3)(d). We conducted a review of the original medical assessment, limited to the grounds of appeal on which the appeal is made and referred to us.

4. Rule 128 of the Personal Injury Commission Rules 2021 (the PIC Rules) and Procedural Direction PIC7 – Appeals, reviews, reconsiderations and correction of obvious errors in medical disputes set out the practice and procedure in relation to the medical appeal process under s 328 of the 1998 Act. An Appeal Panel determines its own procedures in accordance with r 128(1) of the PIC Rules.

5. The assessment of permanent impairment is conducted in accordance with the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4^th ed 1 March 2021 (the Guidelines) and the American Medical Association Guides to the Evaluation of Permanent Impairment, 5^th ed (AMA 5).

RELEVANT FACTUAL BACKGROUND

1. Mr Yu was employed by Vertex Point Pty Ltd (Vertex) as a painter. On 16 April 2020, he was working on a ladder, when he fell 4m to the ground, suffering an injury to his left ankle. He underwent four operations over the following two and a half years, the first two performed by Dr Suzuki and the latter two by Dr Kao.

2. The medical evidence in the file is limited and does not include documents from Dr Kao or the contemporaneous radiological reports. Those documents were reviewed by Dr Habib, who saw Mr Yu at the request…