Middleton v Hyett t/as Phoenix Rising Cafe [2024] NSWSC 1201

Supreme Court New South Wales

Medium Neutral Citation: Middleton v Hyett t/as Phoenix Rising Cafe [2024] NSWSC 1201 Hearing dates: 19 September 2024 Date of orders: 25 September 2024 Decision date: 25 September 2024 Jurisdiction: Common Law Before: Mitchelmore J Decision: (1) The Further Amended Summons is dismissed with costs. Catchwords: WORKERS COMPENSATION — referral of medical dispute to a medical assessor — claim for injury to right upper extremity (right thumb, right wrist, right elbow) causing complex regional pain syndrome — whether medical dispute included injury to right shoulder and peripheral nerve injuries — whether Appeal Panel mistaken in its understanding of the worker's claim and the resulting medical dispute Legislation Cited: Workers Compensation Act 1987 (NSW), Pt 3, Div 4 Workplace Injury Management and Workers Compensation Act 1998 (NSW), Ch 7, Pt 7 Cases Cited: Klement v Bull 'N' Bush Nurseries Pty Ltd [2024] NSWSC 466 Skates v Hill Industries Ltd [2021] NSWCA 142 Texts Cited: American Medical Association's Guides to the Evaluation of Permanent Impairment (5th ed) NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed) Category: Principal judgment Parties: Cecily Maria Middleton (Plaintiff) David Hyett t/as Phoenix Rising Cafe ABN 74849413953 (First Defendant) President of the Personal Injury Commission of New South Wales (Second Defendant) Deborah Moore, Mark Burns, Neil Berry as an Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (Third Defendant) Representation: Counsel: A Canceri (Plaintiff) C Roberts (First Defendant)