Perrin v SAS Trustee Corporation (No 2) [2015] NSWDC 345

District Court New South Wales

Medium Neutral Citation: Perrin v SAS Trustee Corporation (No 2) [2015] NSWDC 345 Hearing dates: 28 – 30 October 2015 Date of orders: 30 October 2015 Decision date: 30 October 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Provided that the differential diagnoses of ulnar neuropathy at each elbow and median neuropathy at the right wrist be excluded as effective causes of the plaintiff's pain (either by surgical intervention or by opinion following further testing), it is reasonably necessary that the plaintiff undergo surgical treatment between C3 and C7 as proposed

Liberty to the parties to apply on three days' notice as to any further orders being sought or as to any further argument concerning issues of proposed medical treatment

Defendant to pay the plaintiff's costs of these proceedings Catchwords: WORKERS COMPENSATION – Police Superannuation – Whether surgery proposed to be practised on plaintiff's neck reasonably necessary – Whether neck condition the result of an injury or part of a disease process – Meaning of the words "reasonably necessary as a result of injury" Legislation Cited: Police Regulation (Superannuation) Act 1906, s 12D Workers Compensation Act 1926, s 10 Workers Compensation Act 1987, ss 59, 60 Cases Cited: Bartolo v Western Sydney Area Health Service (1997) 14 NSWCCR 233 Casey v NSW Police Department (1999) 18 NSWCCR 592 Commissioner of Police v Kennedy [2007] NSWCA 328; (2007) 5 DDCR 380 Pelama Pty Ltd v Blake (1988) 4 NSWCCR 264 Perrin v SASTC [2013] NSWDC 191 Perrin v SASTC [2014] NSWDC 203; (2014) 19 DCLR (NSW) 193 Rose v Health Commission (NSW) (1986) 2 NSWCCR 32 Texts Cited: AJ Buzzard, Sir Edward Hughes, GL Hughes and JDB Wells, Medicine and Surgery for Lawyers (The Law Book Company, 1st ed ,1986)