WORKERS COMPENSATION – on 16 January 2009, the respondent fell while using a whipper snipper to cut grass at the applicant’s horse training business in Conjola (2009 incident) – Dr Jarman subsequently performed open rotator cuff surgery to the respondent’s right shoulder, and Dr McDowell, neurosurgeon, carried out anterior disc fusion – the applicant initially accepted liability in respect of the 2009 incident, and an award was made in the respondent’s favour in respect of 28% permanent impairment resulting from the injury – a subsequent surgery was performed in 2016 involving cervical spine decompression, which the applicant initially refused to fund, though later agreed to make voluntary payments of compensation in respect of four hours on work per week, and was required to pay the respondent’s expenses in connection with that surgery – on 23 December 2021 and 24 December 2021, the applicant issued a dispute notice denying liability for a sum of $15,378 in respect of “housekeeping, mowing and yard maintenance services between 30 October 2020 and 25 June 2021 (dispute notices) – in those notices, the applicant claimed the worker fell at her own home on 1 April 2018 and 12 April 2020, and disputed whether the circumstances were compensable – on 9 June 2022, the applicant issued a further dispute notice relating to the 2009 incident, disputing the occurrence of the injury – the Personal Injury Commission regarded the applicant as estopped from denying the occurrence of the 2009 incident – in a later hearing, Member Sweeney found that 2009 incident arise out of and in the course of the respondent’s employment with the applicant, and provided a concomitant certificate of determination (certificate) – the Deputy President of the Personal Injury Commission refused the appeal – whether the Deputy President erred in law in failing to find that the certificate failed to accord adequate weight to surveillance footage, to the evidence of Dr Smith, to the evidence of lay witnesses called by applicant, to the evidence of the absence of early complaint, and to other matters affecting the respondent’s credit – whether the Deputy President erred in law in failing to find the reasons of Member Sweeney adequate.

E B Murray Family Investments Pty Ltd t/as Bede Murray Racing Stables v Howard [2024] NSWPICPD 70

E B Murray Family Investments Pty Ltd t/as Bede Murray Racing Stables v Howard [2025] NSWCA 169