The Mary Potter Nursing Home and the Ethel Forrest Day Care Centre Pty Ltd

WORKERS COMPENSATION - Workplace Injury Management and Workers Compensation Act 1998; whether Medical Assessor had applied incorrect criteria and made a demonstrable error of law; Held - employer's appeal dismissed as not raising any real issues in the proceedings pursuant to section 42(1); Medical Assessment Certificate confirmed.

1. On 15 September 2025 the appellant employer The Mary Potter Nursing Home and the Ethel Forrest Day Care Centre Pty Ltd lodged an Application to Appeal Against the Decision of a Medical Assessor.
2. The appellant employer's appeal claimed that the Medical Assessor had applied incorrect criteria and 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 Workplace Injury Management and Workers Compensation Act 1998 (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 Guides) and the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th ed (AMA 5). "WPI" is reference to whole person impairment. "Baseline WPI" is a reference to the total WPI assessed before deduction or modification pursuant to the relevant legislative authority.

1. The relevant facts are set out in our determination of Ms Young's appeal in

M1- W7251/25. 2. We note that the application alleged error on behalf of the Medical Assessor in that his assessment was made on the basis of incorrect criteria and that the certificate contained a demonstrable error. The submission was concerned with the class 5 rating given in respect of the Psychiatric Impairment Rating Scale (PIRS) category of employability and we note that the grounds of appeal were opposed by Ms Young. 3. In view of our determination in Ms Young's appeal there is no utility in further considering the appellant employer's appeal. She has failed to obtain the 15% WPI assessment required to be entitled to lump compensation and the success or failure of the respondent's submission would not alter that situation. 4. Section 42 of the Personal Injury Commission Act 2020 provides:

"(1) The guiding principle for this Act and the Commission rules in an application to proceedings in the Commission is to facilitate the just, quick and cost-effective resolution of the real issues in the proceedings."

1. The submissions relied on by the employer do not therefore raise any real issues in the proceedings. Accordingly, this appeal is dismissed.
2. For these reasons, the Appeal Panel has determined that the MAC issued on