1. On 7 October 2025 the State of New South Wales (NSW Police Force) lodged an Application to Appeal Against the Decision of a Medical Assessor. The medical dispute was assessed by Dr Patrick Morris, a Medical Assessor, who issued a Medical Assessment Certificate (MAC) on 9 September 2025.
2. The appellant relies on the following grounds of appeal under s 327(3) of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act):
   • the assessment was made on the basis of incorrect criteria, and
   • the MAC contains a demonstrable error.
3. The delegate is satisfied that, on the face of the application, at least one ground of appeal has been made out. The Appeal Panel has conducted a review of the original medical assessment but limited to the ground(s) of appeal on which the appeal is made.
4. Rule 128 of the Personal Injury Commission Rules 2021 (the PIC Rules) and Procedural Direction PIC7 - Appeals, reviews, reconsiderations and correction of obvious errors in medical disputes set out the practice and procedure in relation to the medical appeal process under s 328 of the 1998 Act. An Appeal Panel determines its own procedures in accordance with r 128(1) of the PIC Rules.
5. The assessment of permanent impairment is conducted in accordance with the SIRA NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th ed

1 March 2021 (the Guidelines) and the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed (AMA 5).

1. Khalid Sadat (Mr Sadat) sustained a psychological injury deemed to have occurred on

24 December 2020 in his employment as a senior constable with the appellant. 2. Mr Sadat lodged an Application to Resolve a Dispute in the Personal Injury Commission (Commission) dated 16 January 2025 in which he claimed lump sum compensation in respect the psychological injury. 3. The matter was referred to Dr Patrick Morris, Medical Assessor, for assessment of whole person impairment (WPI) of a psychiatric/psychological disorder as a result of the injury deemed to have occurred on 8 November 2021. 4. The Medical Assessor examined Mr Sadat on 12 March 2025 via video link and a mobile phone connection and found that Mr Sadat had not attained maximum medical improvement (MMI). 5. The Medical Assessor re-examined the Mr Sadat on 3 September 2025 by video link and assessed 22% WPI in respect of the psychological injury deemed to have occurred on

1. The Appeal Panel conducted a preliminary review of the original medical assessment in the absence of the parties and in accordance with the Procedural Direction PIC7.
2. As a result of that preliminary review, the Appeal Panel determined that it was not necessary for the worker to undergo a further medical examination because there was sufficient information on which to make a determination.

1. The Appeal Panel has before it all the documents that were sent to the Medical Assessor for the original medical assessment and has taken them into account in making this determination.

1. The parts of the medical certificate given by the Medical Assessor that are relevant to the appeal are set out, where relevant, in the body of this decision.

1. Both parties made written submissions. They are not repeated in full, but have been considered by the Appeal Panel.
2. The appellant's submissions include the following:

(a) ground 1 - incorrect assessment of psychiatric impairment rating scale (PIRS) categories - self-care and personal hygiene. The Medical Assessor in making his assessment finds that Mr Sadat relies on his family to live independently.

Mr Sadat reports that his mother does most of the shopping and all of the cooking, cleaning and laundry for him. As such the Medical Assessor assessed him as a Class 3 with respect to this scale;

(b) whilst it may be the case that Mr Sadat does not undertake these tasks anymore, he does not specifically report that he is impaired in undertaking the domestic activities but merely reports that his mother assists with the tasks;

(c) clause 11.12 of the Guidelines stipulates that, "...The assessing psychiatrist should take account of the person's cultural background. Consider activities that are usual for the person's age, sex and cultural norms". The Medical Assessor has not given due consideration to Mr Sadat's domestic cultural background;

(d) whilst the Medical Assessor believes Mr Sadat relies on the support of his family, with whom he lives, to live independently, Mr Sadat's self-reported function does not indicate this to be the case;

(e) as to the other activities of self-care, he may require prompting in some aspects, but there is no suggestion that he is not able to function whatsoever without the said supports or prompting. In particular, there is no need for family member or community nurse visits ensure minimum level of hygiene and nutrition;

(f) accordingly, the degree of impairments as reported, is more consistent with a Class 2 impairment and not Class 3;

(g) ground 2 - social and recreational activities - the Medical Assessor assessed

Mr Sadat as a Class 3 in this scale. The Medical Assessor reports that Mr Sadat "remains quiet and withdrawn at home" and that he "never leaves the home alone". As per the report Mr Sadat appears to be always accompanied by either his mother or brother;

(h) the extent for which Mr Sadat leaves home for social/recreational activities, does not accord with the characterization of "rare". He is able to travel at least weekly, which accords more closely to "occasional" activities;

(i) the Medical Assessor reports on page 6 of the MAC that Mr Sadat engages in "gambling online on his phone". Mr Sadat's gambling activities suggest that he has capacity to engage in social and recreational activities;

(j) there is no suggestion on Mr Sadat's self-report, that he is incapable of travelling independently. On the other hand, Mr Sadat did report that he was able to travel unaccompanied which is inconsistent with the Medical Assessor's characterization that Mr Sadat "never leaves the home alone". Accordingly, the impairment more closely accords to a Class 2 impairment and that the Medical Assessor erred in arriving at a Class 3 impairment;

(k) ground 3 - employability - according to the assessment of the Medical Assessor, Mr Sadat is totally impaired for employment. The Medical Assessor's assessment contains an incorrect criteria or demonstrable error for the following reasons:

(i) the Medical Assessor makes no specific reference to the Certificates of Capacity, wherein the nominated treating doctor (NTD) had considered there to be some capacity for work, at 4 hours a day, 2 days a week. This suggests that the Medical Assessor failed to consider all the evidence enclosed in the Application and Reply;

(ii) it remains apparent from the Mr Sadat's self-reported ability, that

he remains able to perform some work at his family farm; contrary to the Medical Assessor's conclusion that he is not able to work at all. The PIRS assessment should be concerned with ability, rather than motivation or purpose: Burnell v Response Security Services Pty Ltd [2024] NSWPICMP 558, and

(iii) accordingly, the Medical Assessor's opinion that Mr Sadat's ability to perform volunteer work, not equating to paid employment, is reference to irrelevant criteria in the assessment of the degree of function. The Medical Assessor's conclusion in this regard is at odds with the Guidelines and is "glaringly improbable": Neal v Impact Care Solutions Ltd [2024] NSWPICMP 787;

(l) the capacity is more consistent with a Class 4 impairment, as opposed to a Class 5 impairment, and

(m) the MAC should be revoked and that a fresh MAC be issued by the Appeal Panel.

(a) the manner in which the appellant's various complaints actually fall within one or both of the grounds of appeal is not directly addressed in their submissions which go no further than identifying a disagreement with the Medical Assessor's assessment. The appellant's submissions do not identify or support any arguable error in the MAC;

(b) ground 1 - self-care and personal hygiene - the history obtained by the Medical Assessor from Mr Sadat relevant to self-care and personal hygiene is summarised under the heading "Social Activities/ADL" on p 4 of the MAC;

(c) the implicit suggestion in the appellant's submissions is that because Mr Sadat is from an Afghani [sic] cultural background, it is likely that his mother would have cooked, cleaned and done his laundry for him irrespective of his psychological injury. Leaving aside the stereotyping inherent in that suggestion, that submission founders on the fact that Mr Sadat previously lived independently (noting his last relationship ended in 2020, that leaves a period of one to two years living on his own) before returning to live with his parents following his injury, at which point he no longer had the capacity to live independently. There was no need for the Medical Assessor to interrogate any "cultural" issues supposedly contributing to the level of assistance given to Mr Sadat by his mother following his return to the family home because there was clear evidence of pre-injury independent living followed by a post-injury loss of independence necessitating the return to the family home and the ongoing level of care that Mr Sadat receives;

(d) giving appropriate deference to the expertise and professional judgment of the Medical Assessor, who has now had the opportunity to examine Mr Sadat on two occasions, there is more than sufficient material available in both the Medical Assessor's own findings and the material filed by the parties and made available to the Medical Assessor to justify and support the Medical Assessor's assessment of Class 3 for self-care and personal hygiene category. The Medical Assessor's reasoning for that assessment is clearly set out at MAC pp 4, 7 and 10;

(e) ground 2 - social and recreational activities - the Medical Assessor noted that

Mr Sadat's level of social activities has decreased since he was assessed by

Dr Prior in February 2023 (at which stage Dr Prior assessed Class 2 for social and recreational activities);

(f) while Mr Sadat travels to his uncle's farm, in his mother's company, on an approximately weekly basis, that is not evidence of "occasionally goes out to such events eg without needing a support person, but does not become actively involved (eg dancing, cheering favourite team)" as contemplated by Class 2. It is travel accompanied by a support person (the worker's mother), to a private location, at which Mr Sadat's interaction with members of his extended family is limited - he sometimes assists with feeding the animals and at other times just sits and relaxes. That travel sits comfortably with the requirements of Class 3;

(g) periodic engagement in gambling on a mobile phone - ie placing bets via an app - is an activity which can be undertaken while Mr Sadat is at home and involves no interaction between him and any other person. To the extent that it demonstrates any form of capacity, it is demonstrative only of a capacity to utilise a smartphone;

(h) there is no evidence of Mr Sadat leaving home alone for any social or recreational activities other than occasional walks in his local area. His occasional engagement in such walks was acknowledged by the Medical Assessor at MAC pp 4, 6 and 10. An occasional unaccompanied walk, where that does not involve any interaction with other people, is not inconsistent with Class 3;

(i) ground 3 - employability - the appellant's attempt to characterise Mr Sadat's periodic feeding of animals at his uncle's farm, when and if the worker feels like doing so, as "volunteer work" stretches the concept of "work". Mr Sadat's activity cannot properly be considered "work" or even demonstrative of a capacity for work. The history obtained by the Medical Assessor makes clear that Mr Sadat is under no obligation or expectation to feed the animals at his uncle's farm and simply chooses to do so if he feels like it. That level of activity is not commensurate with "work", whether paid or voluntary;

(j) while it is accepted that the Medical Assessor did not explicitly refer to the certificates of capacity, those documents were included in the material available to the Medical Assessor and it is well established that a Medical Assessor is not required to refer to every single document put before them by the parties. Ultimately, the Medical Assessor was required to form his own opinion as to Mr Sadat's employability, rather than simply repeat the views of the treating GP as to current capacity;

(k) the Medical Assessor's reasons for assessing Mr Sadat as Class 5 are set out in clear terms in the MAC, with references to the evidence. In the circumstances, the absence of express reference to the certificates of capacity is of no moment, and

(l) the appellant bears the onus of establishing error in the MAC sufficient to ground the appeal. It has not discharged that onus and consequently, the appeal should be dismissed.

1. The procedures on appeal are contained in s 328 of the 1998 Act. The appeal is to be by way of review of the original medical assessment but the review is limited to the grounds of appeal on which the appeal is made.
2. In Campbelltown City Council v Vegan [2006] NSWCA 284 the Court of Appeal held that the Appeal Panel is obliged to give reasons. Where there are disputes of fact it may be necessary to refer to evidence or other material on which findings are based, but the extent to which this is necessary will vary from case to case. Where more than one conclusion is open, it will be necessary to explain why one conclusion is preferred. On the other hand, the reasons need not be extensive or provide a detailed explanation of the criteria applied by the medical professionals in reaching a professional judgement.
3. The Appeal Panel reviewed the MAC and the evidence in this matter.

1. The appellant submits that the degree of impairment as reported, is more consistent with a Class 2 impairment and not Class 3 in this scale.
2. The examples under Table 11.1 for "Self-care and personal hygiene" in the Guidelines are:

"Class 2 Mild impairment: Able to live independently; looks after self adequately, although may look unkempt occasionally; sometimes misses a meal or relies on take-away food.

Class 3 Moderate impairment: Can't live independently without regular support. Needs prompting to shower daily and wear clean clothes. Does not prepare own meals, frequently misses meals. Family member or community nurse visits (or should visit) 2-3 times per week to ensure minimum level of hygiene and nutrition."

1. The Medical Assessor assessed the appellant as Class 3 for self-care and personal hygiene. In the PIRS Rating Form, the Medical Assessor wrote:

Moderate impairment. In my opinion, Mr Sadat relies on his parents and brother to live independently. He said that his mother does most of the shopping and all the cooking,

house cleaning and clothes washing. He does not cook for himself at all anymore. He needs prompting from family members to shower and change his clothes regularly. He

1. Under "Social Activities/ADL" the Medical Assessor noted:

"Mr Sadat said he was in a two year relationship which broke up in 2020 as a result of his partner not being able to cope with his Crohn's Disease which had flared up at that stage, and also that he was exhibiting work-related stress and they were arguing more frequently. He has not been in a relationship since then.

Mr Sadat said he has been living in his parents' house in Northmead with his parents and younger brother for the past three years. He said that he requires support from his parents to cope with his psychological symptoms and to manage household chores.

Mr Sadat said that his mother does almost all the shopping but he occasionally goes

shopping with his brother. He said his mother does all the cooking, house cleaning and clothes washing for him. He said he used to enjoy cooking previously. He said that he does not shower or change his clothes regularly and needs prompting from family members to do this. He does not brush his teeth regularly now. He said that his mother accompanies him, usually on a weekly basis, to his uncle's farm in Kenthurst. At the farm, he will sometimes help his uncle with feeding the chickens and livestock for up to one or two hours, but at other times he just sits and relaxes as he finds it very peaceful there. Mr Sadat said he occasionally goes for walks with his parents and brother or by himself in the local area. He said that he occasionally drives his car accompanied by his brother to the local shops to do some small shopping. He goes to appointments with his GP accompanied by a family member."

1. In commenting on the other medical opinions, the Medical Assessor wrote:

"In his report dated 7 September 2024, Dr Smith gave Mr Sadat a final whole person

impairment rating of 7%. Where he differed from me in his ratings of Mr Sadat was in self care and personal hygiene where he rated Mr Sadat a Class 2. I have rated Mr Sadat a Class 3 as he reports he no longer is doing any cooking for himself. His mother does most of his shopping and all the cooking. His mother does all the house cleaning and clothes washing. He skips meals at times. He requires prompting to shower and change his clothes regularly and does not brush his teeth regularly. I believe he relies on the support of his family, with whom he lives, to live independently."

1. In his statement dated 15 January 2025, at paragraph 16 under "Self care /hygiene"

"a. I often forget or neglect tasks such as showering, shaving or getting a haircut.

1. I rely upon my family to remind me to complete the above tasks.
2. I do not exercise regularly and again, rely upon family to keep me motivated to do this.
3. I go through periods where I binge eat and as a result, I have gained weight.
4. I do attempt to do domestic chores around the house but it is not unusual for me to get distracted and not complete them, unless prompted to by a family member."

1. In a report dated 8 February 2023, Dr Michael Prior, consultant psychiatrist, assessed the appellant as Class 2 for self-care and personal hygiene and provided the following reasons:

"In regard to domestic chores and duties, he states 'I try to do those things but I lack motivation; I do try to contribute but I get distracted and I don't complete tasks. I get lost in my thoughts and lose motivation, for instance, when I'm cleaning or fixing a chair or a piece of furniture'. He reports that he overeats on a daily basis. He binge eats on junk food/takeaway food because of his frustration and anxiety. He showers on a daily basis but may forget one day on the weekend. He keeps up with his dental hygiene. He is compliant with medication; he does not use medication to excess or above the prescribed amount. He reports that his parents encourage him to eat normally and to help around the house. He reports when attempting to do domestic chores and duties, he often forgets to finish them and gets distracted or does not complete them."

1. Dr Brendan Smith, consultant psychiatrist, in a report dated 7 September 2024 assessed Class 2 for self-care and personal hygiene, providing the following reasons:

"Mr Sadat reported that he sometimes forgets to engage in personal hygiene activities, such as regular showering. He reported being largely reliant on his parents for the completion of domestic tasks within their family home. He did report, however, engaging in some level of care at the home, including looking after pet chickens. I believe a class 2 rating indicating a mild impairment was most appropriate."

1. In a report dated 12 January 2022, Dr Clayton Smith, consultant psychiatrist, noted that

Mr Sadat said he was eating normally. Dr Clayton Smith wrote:

"He said he does his own washing because he likes to be independent. He said he

feels lonely and isolated and Crohn's disease makes things difficult. He said he is showering every day and is pedantic with his food. He said he cooks everything himself."

1. The Appeal Panel accepts that the Guidelines also make it clear that a significant descriptor for Class 2 is "able to live independently", whereas for Class 3 a significant descriptor is "can't live independently without regular support".
2. The appellant submits that while Mr Sadat does not undertake domestic tasks anymore, he does not specifically report that he is impaired in undertaking the domestic activities and merely reports that his mother assists with the tasks. The Appeal Panel notes that Mr Sadat's mother does some tasks entirely such as cooking, laundry and house cleaning while she assists in other activities. On the evidence, the Appeal Panel considers that the Medical Assessor was able to infer from Mr Sadat's description of what tasks he did not do at the time of the assessment that he was impaired as described.
3. The appellant submits that the Medical Assessor has not given due consideration to

Mr Sadat's domestic cultural background. The appellant appears to be suggesting that because Mr Sadat's family is from Pakistan that his mother would usually do all of the domestic tasks. However, the Appeal Panel rejects this submission because it is inconsistent with the history obtained by Dr Clayton Smith in his report of 12 January 2022 where

Dr Clayton Smith noted that Mr Sadat was eating normally, did his own washing, showered every day and cooked everything himself. 4. The appellant submits that the Medical Assessor's assessment may contain demonstrable error in reference to the Guidelines in Table 11.1. The appellant submits that whilst the Medical Assessor believed Mr Sadat relies on the support of his family, with whom he lives, to live independently, Mr Sadat's self-reported function did not indicate this to be the case. The appellant argues that in relation to some activities of self-care, he may require prompting in some aspects, but there is no suggestion that he is not able to function without the said supports or prompting. In particular, there is no need for family member or community nurse visits ensure minimum level of hygiene and nutrition. 5. The Appeal Panel notes that there is no need for family members to visit to ensure minimum level of hygiene and nutrition as Mr Sadat lives at home with his parents and brother. However, Mr Sadat requires prompting with a number of aspects of personal hygiene and his family provide extensive support in terms of cooking, cleaning and laundry. 6. The Medical Assessor's clinical assessment of Mr Sadat was thorough and he considered the documents. The Medical Assessor had examined Mr Sadat on two occasions. The Medical Assessor concluded that Mr Sadat is not looking after himself, requires prompting for basic hygiene, and has been living with his parents for the last three years. 7. Whether Mr Sadat could look after himself adequately and live independently are matters that fall within the discretion afforded to the Medical Assessor. The Appeal Panel finds no error in the assessment of Class 3 in this scale after considering the evidence. 8. The Medical Assessor made no demonstrable error nor an assessment on the basis of incorrect criteria. This ground is not made out.

Ground 2 - PIRS in respect of social and recreational activities

1. The appellant submits that the impairment in this scale more closely accords to a Class 2 impairment and that the Medical Assessor erred in arriving at a Class 3 impairment.
2. The examples under Table 11.2 for "social and recreational activities" in the Guidelines are:

"Class 2: Mild impairment: occasionally goes out to such events e.g. without needing a support person, but does not become actively involved (e.g. dancing, cheering favourite team).

Class 3: Moderate impairment: rarely goes out to such events, and mostly when prompted by family or close friend. Will not go out without a support person. Not actively involved, remains quiet and withdrawn."

1. The Medical Assessor assessed the appellant as Class 3 for social and recreational activities. In the PIRS Rating Form, the Medical Assessor wrote:

Moderate impairment. Mr Sadat generally remains quiet and withdrawn at home. He never leaves home alone for any social and recreational activities. He occasionally

goes for walks with his parents or brother or less often by himself. His mother will accompany him to his uncle's farm, a 30 minute drive away, on a weekly basis where he occasionally helps out with looking after the animals or rests in the quiet environment there."

1. At page 3 of the MAC, the Medical Assessor takes to the following history under "Social Activities/ADL":

"Mr Sadat said he was in a two year relationship which broke up in 2020 as a result of his partner not being able to cope with his Crohn's Disease which had flared up at that stage, and also that he was exhibiting work-related stress and they were arguing more frequently. He has not been in a relationship since then.

Mr Sadat said he has been living in his parents' house in Northmead with his parents and younger brother for the past three years. He said that he requires support from his parents to cope with his psychological symptoms and to manage household chores.

Mr Sadat said that his mother does almost all the shopping but he occasionally goes

shopping with his brother. He said his mother does all the cooking, house cleaning and clothes washing for him. He said he used to enjoy cooking previously. He said that he does not shower or change his clothes regularly and needs prompting from family members to do this. He does not brush his teeth regularly now. He said that his mother accompanies him, usually on a weekly basis, to his uncle's farm in Kenthurst. At the farm, he will sometimes help his uncle with feeding the chickens and livestock for up to one or two hours, but at other times he just sits and relaxes as he finds it very peaceful there. Mr Sadat said he occasionally goes for walks with his parents and brother or by himself in the local area. He said that he occasionally drives his car accompanied by his brother to the local shops to do some small shopping. He goes to appointments with his GP accompanied by a family member."

1. In commenting on the other medical opinions at 10.c of the MAC, the Medical Assessor wrote:

"In his report dated 8 February 2023, Dr Prior gave Mr Sadat a final whole person impairment rating of 20%. Where Dr Prior differed in his ratings from me for Mr Sadat was in the category of Social and recreational activities wherein he rated Mr Sadat a Class 2 whereas I have rated Mr Sadat a Class 3. It appears that Mr Sadat's social activities have significantly reduced since he was assessed by Dr Prior in February 2023. Mr Sadat said friends no longer visit him at home. He only uses his home gym infrequently now. He has stopped receiving therapeutic massages. He reports he is still gambling online on his phone on a weekly basis. Mr Sadat does not leave his home alone for any social and recreational activities. His only outings are going for walks with family members or by himself and being accompanied by his mother to visit his uncle's farm. I think this now best fits a Class 3 rating for Social and recreational activities.

Dr Smith rated Mr Sadat a Class 2 for Social and recreational activities whereas I have rated him a Class 3 for the reasons I have outlined above."

1. In his statement dated 15 January 2025, at paragraph 16 under "Social/Recreational Activities" the appellant wrote:

"a. I have an avoidance of public places and as a result if I go out, I prefer a family member to accompany me although not all the time. This includes going out for a walk.

1. My motivation levels are low and therefore my desire to engage in social and recreational activities is limited.
2. My paranoia and anxiety about surveillance continue to affect my sense of safety and comfort in daily life and public spaces.
3. I occasionally engage in volunteer activities but this is inconsistent and I rely upon my mother for support and encouragement.
4. I used to enjoy working out in the gym, traveling overseas and socialising with friends and family but no longer participate in this."

1. In a report dated 8 February 2023, Dr Michael Prior, consultant psychiatrist, assessed the appellant as Class 2 for social and recreational activities and provided the following reasons:

"He keeps in touch via Facetime and Zoom with two friends about once or twice a week. There is mutual initiation of these contacts. He avoids, however, seeing people in person. He states 'often because I fear of being followed by the police when I'm out. If the claim was settled, I would be much more comfortable going out and leaving the house'. Friends visit him at home every couple of months but he feels embarrassed about this. He is in phone and text contact with the police, it would appear he has similar issues as his own with the police force. In regard to

hobbies, interests and pastimes, he reports that he gambles on his phone online. He has a home gym that his motivation varies for. He reports that he donated blood in late 2022 which was encouraged by his psychiatrist. He reports he gets a therapeutic massage once a week. He reports that he buys electronics, supplements and clothing online periodically."

1. Dr Brendan Smith, consultant psychiatrist, in a report dated 7 September 2024 assessed

Mr Sadat as Class 2 for social and recreational activities and provided the following reasons:

"Mr Sadat reported engaging in walks outside of the family home, one to two times per day. He reported struggling with his mood state, as well as motivation levels to engage in further recreation or hobby activities. He reported visiting local shops as able, but struggling with this due to hypervigilance and a level of i concern for monitoring and surveillance within public areas. He further noted concern of inadvertently coming into contact with previous colleagues in public."

1. The appellant submits that the Medical Assessor's assessment may contain demonstrable error in reference to the Guidelines (Table 11.2).
2. The appellant submits that the extent for which Mr Sadat leaves home for social/recreational activities, does not accord with the characterization of "rare". He is able to travel at least weekly, which accords more closely to "occasional" activities.
3. The Appeal Panel considers that is so far as the appellant's submission refers to travel this is properly addressed in the scale of travel, which was not appealed. Further, if the submission relates to the weekly trip to his uncle's farm, this activity is considered in the scale of employability.
4. The Appeal Panel notes that there is no description of any social activities apart from going walking occasionally with a family member. Mr Sadat engages in online gambling once a week, which the Appeal Panel would not describe as a "frequent activity". There is no information about how much time Mr Sadat spends online, gambling, on the one day a week. The Appeal Panel does not accept the appellant's submission that Mr Sadat engaging in "gambling online on his phone" suggests that he has the capacity to engage in social and recreational activities.
5. The appellant submits that Mr Sadat did report that he was able to travel unaccompanied, which is inconsistent with the Medical Assessor's characterization that Mr Sadat "never leaves the home alone". The Appeal Panel notes that the appellant's submissions confuse activities considered in the scale of travel with activities relating to the scale of social and recreational activities. The ability to travel independently is considered in the scale for travel. The ability to go out to events without a support person is considered in the scale for social and recreational activities. Apart from occasionally going for a walk by himself, Mr Sadat does not go out to any social activities without a family member.
6. The Appeal Panel does not consider that the assessment of Class 3 in this scale is glaringly improbable.
7. The Appeal Panel finds no error in the assessment of Class 3 in this scale after considering the evidence.
8. The Medical Assessor made no demonstrable error nor an assessment on the basis of incorrect criteria. This ground is not made out.

1. The appellant submits that the Medical Assessor's assessment contains an incorrect criteria or demonstrable error and Mr Sadat should be assessed as Class 4 for employability.
2. The examples under Table 11.6 for "Employability" in the Guidelines are:

"Class 4: Severe impairment: cannot work more than one or two days at a time, less than 20 hours per fortnight. Pace is reduced, attendance is erratic.

1. The Medical Assessor assessed Mr Sadat as Class 5 for employability. In the PIRS Rating Form, the Medical Assessor wrote:

Totally impairment. In my opinion, Mr Sadat is not able to work at all. I note that he has not worked since November 2021. He visits his uncle's farm about once a week and does some work feeding the animals there, but only for about 1 or 2 hours and is not under pressure to do this work. When he does not work, he just rests at the property which he finds relaxing. In my opinion, this does not equate to any form of paid employment."

1. In his comments on Dr Smith's report dated 7 September 2024, the Medical Assessor wrote:

"Dr Smith rated Mr Sadat a Class 4 for Employability whereas I have rated him a Class 5. I rated Mr Sadat a Class 5 as I do not believe that the small amount of work he does at his uncle's farm equates to any form of paid employment. He only does this for one or two hours per week, and if he does not feel like feeding the animals at the farm he just rests in the quiet environment. He is under no pressure from his uncle to perform any work and receives no remuneration."

1. In his statement dated 15 January 2025, at paragraph 16 under "Employability" the appellant wrote:

"a. I am fully unfit for any type of employment and have been certified so by my general practitioner.

1. I have engaged in some volunteer work on my uncle's farm over the last 6 months. This includes doing odd jobs such as repairing fences and feeding animals. I only do this as I am encouraged to do so by my family and for therapeutic benefit at the recommendation of my doctors. It is not consistent. I could not do this as paid employment as I would be an unreliable employee. I estimate that I am doing about 8 hours per week on average."

1. Dr Prior, in his report dated 8 February 2023 assessed a Class 5 for Employability providing the following reasons:

"When I saw him last in June 2022, at that stage he reports he last worked in November 2021 and had not returned to the workforce in any capacity since that time. Since seeing me last, he has not returned to the police force in any capacity, to alternative force or work, or done voluntary work, educational or training courses or job seeking. When asked what prevents him returning to some form of alternative work or retraining or reskilling or re-educating himself, he attributes this to decreased stress tolerance, his decreased tolerative capacity, and his distrust of and difficulty with people generally. He reports he depends on income protection payments since September 2022. Prior to that, he received Workers' Compensation payments for three months but these were "declined" in February 2020. He is currently on stress leave, he reports. When asked about the opinion of his treating practitioner as to his work capacity, he states "all my doctors and psychologist agree that I'm not fit for police work in the future and all support my discharge from the police". He states "the police have formally acknowledged the bullying harassment and racism towards me but they are lying in their statements about my injuries and are making it difficult for me because I reported misconduct to the Law Enforcement Conduct Commission and I have been under surveillance by them since". Due to the severity and chronicity of the claimant's index psychiatric diagnosis, they are not currently fit to work in the formal workforce in any capacity now or into the foreseeable future."

1. Dr Brendan Smith, consultant psychiatrist, in a report dated 7 September 2024 assessed Class 4 for employability providing the following reasons:

"Mr Sadat has been able to engage in low levels of volunteer work for his uncle in more recent times. He has otherwise undergone a period of almost three years without any vocational employment and has struggled with motivation to re-engage in the workforce to date."

1. The Certificate of Capacity/Certificate of Fitness dated 1 July 2025 from Dr Basiri certified the appellant as having capacity for some type of work from 11 July 2025 to 22 August 2025 for four hours a day, two days a week.
2. The appellant submits that the Medical Assessor makes no specific reference to the Certificates of Capacity, wherein the NTD had considered there to be some capacity for work, at four hours a day, two days a week. This suggests that he held failed to consider all the evidence enclosed in the Application and Reply.
3. The appellant submits that it remains apparent from Mr Sadat's self-reported ability that he is able to perform some work at his family farm contrary to Medical Assessor's conclusion that he is not able to work at all. The PIRS assessment should be concerned with ability, rather than motivation or purpose: Burnell v Response Security Services Pty Ltd [2024] NSWPICMP 558.
4. The Appeal Panel notes that the Medical Assessor assessed Class 5 on the basis that

Mr Sadat is not able to work at all, and the one to two hours at his uncle's farm a week did not equate to paid employment. 5. The appellant submits that accordingly the Medical Assessor's opinion that Mr Sadat's ability to perform volunteer work, not equating to paid employment, is reference to irrelevant criteria in the assessment of the degree of function. The Medical Assessor's conclusion in this regard is at odds with the Guidelines. 6. Mr Sadat stated that he was fully unfit for any type of employment and have been certified so by his general practitioner. This is incorrect as Dr Basari has certified Mr Sadat as having capacity for some type of work from 11 July 2025 to 22 August 2025 for four hours a day, two days a week. In another Medical Certificate dated 22 January 2025, Dr Basari certified

Mr Sadat as having capacity for some type of work from 21 January 2025 to 3 March 2025 for four hours a day, two days a week. 7. Mr Sadat, in his statement of 15 January 2025, said that he had engaged in some volunteer work on his uncle's farm over the last six months which included doing odd jobs such as repairing fences and feeding animals. He stated that he only did this as he was encouraged to do so by his family and for therapeutic benefit at the recommendation of his doctors. Mr Sadat stated that it was not consistent and he would be unreliable as a paid employee. He estimated that he was doing about eight hours per week on average. 8. The Appeal panel considers that the activities described by Mr Sadat in his statement are consistent with a Class 4 assessment. The descriptors in Class 4 provide that the claimant cannot work more than one or two days at a time, less than 20 hours per fortnight, pace is reduced, and attendance is erratic. 9. The Appeal Panel accepts that the activities that Mr Sadat performs on his uncle's farm are inconsistent with Class 5 assessment as they demonstrate that Mr Sadat is capable of some work and is not 'totally' impaired. 10. A Class 4 assessment for employability is also consistent with the medical certificates issued by Dr Basiri. 11. The Appeal Panel noted that the Medical Assessor used the words "paid employment" in assessing Class 5. However, whether Mr Sadat is in "paid employment" is not the correct test. The correct test is whether Mr Sadat can work at all or whether he is totally unable to work. The Appeal Panel finds that the Medical Assessor applied incorrect criteria which is a demonstrable error. 12. The Appeal Panel is satisfied that the Medical Assessor erred in determining total impairment (Class 5) under this scale. This ground of appeal is made out. 13. The Appeal Panel notes that Mr Sadat goes to farm regularly, does chores including feeding animals and repairing fences. The Appeal Panel considers that the evidence to support an assessment of Class 4 for employability. Mr Sadat cannot work more than one or two days at a time, less than 20 hours per fortnight with reduced pace and erratic attendance. 14. The Appeal Panel, having reviewed the evidence in this matter, notes that Mr Sadat goes to his uncle's farm and regularly does chores, including feeding animals and repairing fences. Mr Sadat stated that he estimates he does about eight hours per week on average. This is a work-like activity for which in other circumstances he may be paid. He is certified to work four hours a day, two days a week. Taking these matters into account, the Appeal Panel assesses Mr Sadat as Class 4 for employability. 15. The Appeal Panel assesses the appellant as Class 4 for employability, Class 3 for self-care and personal hygiene and Class 3 for concentration, persistence and pace. The Appeal Panel finds no error, nor the application of incorrect criteria in the assessments of Class 3 for self-care and personal hygiene and Class 3 for social and recreational activities. There was no appeal in respect of the assessments of travel, social functioning and concentration, persistence and pace. 16. The Appeal Panel finds that the PIRS scales score 3 3 2 2 3 4, ascending order 2 2 3 3 3 4, median 3, aggregate 17 so that the WPI = 19%. 17. For these reasons, the Appeal Panel has determined that the MAC issued on

9 September 2025 should be revoked, and a new MAC should be issued. The new certificate is attached to this statement of reason.

This Certificate is issued pursuant to s 328(5) of the Workplace Injury Management and Workers Compensation Act 1998.

The Appeal Panel revokes the Medical Assessment Certificate of Medical Assessor Patrick Morris and issues this new Medical Assessment Certificate as to the matters set out in the Table below:

Chapter, page and paragraph number in NSW workers compensation guidelines

Chapter, page, paragraph, figure and table numbers in AMA 5 Guides

Proportion of permanent impairment due to pre-existing injury, abnormality or condition

Sub-total/s % WPI (after any deductions in column 6)

Total % WPI (the Combined Table values of all sub-totals)