Zovidavi v Pro-Pac Packaging (Aust) Pty Ltd

CERTIFICATE OF DETERMINATION OF MEMBER 

CITATION:

Zovidavi v Pro-Pac Packaging (Aust) Pty Ltd [2025] NSWPIC 529

APPLICANT:

Mahmoud Zovidavi

RESPONDENT:

Pro-Pack Packaging (Aust) Pty Ltd

MEMBER:

Cameron Burge

DATE OF DECISION:

7 October 2025

CATCHWORDS:

WORKERS COMPENSATION - Workers Compensation Act 1987; permanent impairment compensation; whether the applicant suffered injuries in the nature of disease processes to his lumbar spine, right knee and/or ankle in addition to accepted frank injuries to those body systems; applicant suffered accepted frank injuries to his lumbar spine and right lower extremity; also claims injuries in the nature of disease processes or aggravations of disease processes to the same body systems; respondent denies liability in relation to the claimed disease injuries; Held – applicant suffered disease injury to his right lower extremity (knee) and lumbar spine; applicant also suffered frank injuries to these body systems and to his right ankle; award for the respondent on the claim for disease injury to the right ankle; matter remitted to President for referral of above injuries to medical assessor to determine degree of permanent impairment; questions of aggregation are adjourned for further preliminary conference post-medical assessment certificate.

DETERMINATIONS MADE:

The Personal Injury Commission (Commission) determines:

1.     The applicant suffered an injury to his right lower extremity (knee) and lumbar spine in the course of his employment with the respondent, with a deemed date of injury of
12 August 2011.

2.     The applicant suffered an injury to his right lower extremity (knee and ankle) in the course of his employment with the respondent on 10 October 2013.

3.     The applicant suffered an injury to his lumbar spine in the course of his employment with the respondent on 9 January 2014.

4.     Award for the respondent in relation to the claim for disease injury to the right lower extremity (ankle).

5.     The matter is remitted to the President for referral to a Medical Assessor to determine the permanent impairment arising from the following:

(a)    Date of injury:

·         12 August 2011 (deemed);

·         10 October 2013, and

·         9 January 2014.

(b)    Body systems referred:

·     lumbar spine;

·     right lower extremity (knee), and

·     right lower extremity (ankle).

(c)    Method of assessment: whole person impairment.

6.     The claim for medical and treatment expenses is adjourned until after the issuing of the Medical Assessment Certificate.

7.     The matter is to be listed for further preliminary conference before me following the issuing of the Medical Assessment Certificate for the purposes of determining any questions arising from the Medical Assessment Certificate relating to aggregation of impairment.

8.     It is specifically noted that the applicant’s right ankle injury only arose from the frank incident on 10 October 2013.

9.     The documents to be referred to the Medical Assessor to assist with their determination are to include the following:

(a)    Certificate of Determination and Statement of Reasons;

(b)    Application to Resolve a Dispute and attachments, and

(c)    Reply and attachments.

A brief statement is attached setting out the Commission’s reasons for the determination.