Certificate of Determination Creates Estoppel in the PIC

Gimis v Tweed Shire Council [2023] NSWPICPD 44 The Appellant suffered an injury as a result of driving a lawn mower in the course of his duties. He alleged injuries to his back, neck and left shoulder in addition to a psychological injury. The Respondent disputed the injuries and the matter was brought before a…

Gratuitous Domestic Assistance – Reasonably Expected Emotional Support

Carver v Lake Machinery Repairs Pty Ltd [2023] NSWPIC 258 The Applicant, Mr. Carver, was employed by the Respondent, Lake Machinery Repairs Pty Ltd, as a mechanic. He sustained serious injuries on 6 January 2000. The Respondent accepted liability for the injury and a number of consequential conditions. The Applicant claimed compensation for the gratuitous…

When Time Is Not On Your Side

Hanson v Wilke and Company Pty Ltd [2023] NSWPIC 242 (26 May 2023) The Applicant was a Printer who sustained an injury to his right hand on 14 September 1998 when his hand was caught in a printing machine. He was taken to Liverpool Hospital in a taxi which he stated was arranged by the…

Pre-existing Conditions – How they can impact the assessment of permanent impairment

Secretary, Department of Communities and Justice v Lewandowski [2023] NSWSC 334 The Employer sought a judicial review of the Medical Appeal Panel (MAP) decision under Section 69 of the Supreme Court Act 1970 (NSW). Background The Worker was employed as a Corrections Officer for the Department of Communities and Justice. In January 2018 she witnessed…

Powers of Deduction – Applying Section 323 of the 1998 Act

Willoughby City Council v Lu [2023] NSWPICMP 162 The Claimant was an After-School Care Educator who commenced with the insured Council in February 2019. The Claimant alleged that she was subject to bullying and harassment whilst performing her duties and ceased work in February 2020. The matter was referred to a Medical Assessor (MA). In…

The Importance of being ‘Mineful’ when Attempting to Aggregate Injuries

Bell v The Mining Pty Ltd [2023] NSWPIC 295 (21 June 2023) The Applicant, Bradley Bell, sustained a primary psychological injury during the course of his employment with the Respondent, The Mining Pty Ltd, on 3 July 2021 when he discovered the body of a deceased co-worker. Following the incident on 3 July 2021, the…

Can a sub-contractor be a deemed worker?

Sek v Bell River Homes Pty Ltd [2023] NSWPIC 117 (21 March 2023) The Applicant owned and operated a business known as Adrian Sek Building Constructions and Maintenance (the business) and sustained an injury to his right shoulder on 4 February 2022 whilst working under a “Sub-Contractor Agreement” with the Respondent. The Respondent disputed that…

Section 66A Complying Agreements and The Principles of Finality

Walters v Good Guys Discount Warehouse (Australia) Pty Ltd [2023] NSWPICPD 29 (24 May 2023) President of the PIC finds 2014 complying agreement was valid and the worker cannot bring a further claim for lump sum compensation. The Appellant, Susan Walters, suffered an accepted left knee injury at work with the Respondent on 31 March…

Causation and COVID

Bjekic v State of New South Wales (Western Sydney Area Local Health District) [2023] NSWPICPD 27 The Applicant was employed by Western Sydney Local Health District (the Respondent) as a Security Officer working out of Mt Druitt Hospital.  In order to manage the spread of COVID-19, numerous Public Health Orders (PHOs) were issued with respect…

Bridging the Gap to Establish a Consequential Condition

McMinimee v State of New South Wales (South Western Sydney Local Health District) [2023] NSWPICPD 18 – President Judge Phillips – 14/04/2023 The Applicant sustained an injury to her right shoulder and elbow on 7 March 2011 when she slipped and fell on stairs while attending a patient’s home. She was off work for about…