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Psychological Injury; appellant worker alleged error assessment by the AMS under three categories in the Permanent Impairment Rating Scale; Social Functioning, travel and Employability; Panel satisfied as to error by AMS; AMS did not adequately explain, given the history taken by him, his findings on mental state examination and the other evidence that was before him, how he equated the appellant’s ability to parent her child and the basic activities performed by her in conjunction with parenting (driving a child to school, ‘occasionally’ preparing meals, and buying groceries) on the days she has custody, to an ability to perform consistent paid work, at least part time, particularly given the chronic symptoms he identifies; Appellant worker re-examined; Held  - MAC revoked. 

Psychological injury to police officer; submissions regarding inaccurate application of PIRS categories; Jenkins v Ambulance Service of NSW, State of NSW v Kaur, Parker v Select Civil Pty Ltd applied; Held - MAC confirmed. 

Claim for weekly benefits and medical expenses in relation to a left knee injury; worker had clocked off and was on her way to pay for personal grocery items on the way out of the store when injured; whether “in the course of employment”; whether employment a substantial contributing factor to the injury; Hatzimanolis v ANI Corporation Ltd and Comcare v PVYW applied; Held – injury sustained in the course of employment; section 9A of the 1987 Act satisfied; awards for worker.

Injury to left lower extremity; whether the AMS fell into error or made assessment of the basis of incorrect criteria in not making an assessment under Table 3-4 of the Guidelines (Tibia-Os Calcis Angle); Panel concluded that abnormal tibia-os calcis angle was a separate entity to the lack of movement in the subtalar joint and should have been taken into account in the assessment of the left lower extremity;  Held – error demonstrated; Correction of error in calculations in the MAC; Drosd v Workers Compensation Nominal Insurer [2016] NSWSC considered. MAC revoked.  

No dispute about injury; dispute concerned capacity to worker to earn; alleged no current work capacity; not supported by evidence; capacity to earn in some suitable employment; section 32A of the 1987 Act; Wollongong Nursing Home Pty Ltd v Dewar referred to; Held - award for the worker. 

Applicant was a chef who suffered an accepted neck and back injury. Work capacity decision issued by insurer as to suitable work as either a pathology courier or sales representative. It was accepted that the applicant was unfit for his pre-injury duties.  Held: The worker had limited transferable skills and no retraining: Broadspectrum Pty v Skiadis applied. The applciant’s physical incapacity, reflected by recent certificates which were accepted by the respondent, meant that suggested jobs were unsuitable. No other employment jobs suggested as being suitable. Orders made on basis that applicant had no current work capacity.

Weekly benefits; whether worker suffered disease injury in the course of his employment or an aggravation caused by his employment; if so, has the worker suffered incapacity; Held - worker suffered injury by way of aggravation of a disease process to his feet and hips pursuant to section 4(b)(ii) 1987 Act; also Held – worker suffered partial incapacity for employment as a result of his injury. 

Whether assessment based on incorrect criteria; and whether demonstrable error on the face of the Certificate in relation to the finding of upper digestive tract disease; Paragraph 16.9 SIRA Guidelines criteria; Held - grounds of appeal not made out; finding of rateable impairment open to the AMS; findings on examination and history of symptoms satisfy relevant criteria; importance of exercise of clinical judgement of AMS discussed; presumption of regularity; difference of opinion insufficient; Glenn William Parker v Select Civil Pty Limited ; Ferguson v State of New South Wales; Vegan; Bjkov v ICM Property Services Pty Limited; and Jones v The Registrar followed.

Mr Cornally  sustained an injury to his visual system in the course of his employment as a special needs teacher when he contracted chicken pox; AMS assessed 85% WPI of the  visual system and deducted 69%  WPI for pre-existing injury, which resulted in a total assessment of 16% WPI; Appeal Panel found that the AMS erred in failing to properly consider the cause of the current impairment and consider or explain how it was that the pre-existing impairment in fact contributed to the current impairment; in relation to the right eye, the Appeal Panel concluded that all of the impairment assessed resulted from the exposure to the chicken pox virus; in relation to the left eye the Appeal Panel concluded that the pre-existing condition in the left eye (retinopathy of prematurity) caused loss of vision in that eye and a deduction should be made pursuant to section 323 for total loss of vision in the left eye. MAC revoked; Appeal Panel assessed 85% WPI less 24% WPI resulting in an assessment of 61% WPI.

Claim for one assessment to be made for permanent impairment for both arms; whether the worker sustained a consequential condition of the right shoulder which results from injury to the left shoulder; consideration of Moon v Conmah P/L; whether left shoulder injury materially contributes to the right shoulder condition; consideration of Ozcan v Macarthur v Disability Services Ltd; whether injury to the left shoulder and right shoulder result from same injurious incident; consideration of Findlay v Department of Ageing, Disability & Home Care;  Held – worker sustained a consequential condition of the right shoulder which results from injury to the left shoulder; left shoulder injury materially contributes to the right shoulder condition; injury to the left shoulder and right shoulder does not result from same injurious incident; there can be the one  assessment of impairment for injury to the left arm and right arm.