Altos v N & S Trolley Services Pty Ltd

Altos commenced proceedings against N & S Trolley Services Pty Ltd in the New South Wales Workers Compensation Commission. The dispute centred on the applicant's entitlement to additional permanent impairment compensation concerning injuries to his lumbar spine and digestive system. The applicant sought to challenge two Medical Assessment Certificates (MAC) issued by a Medical Assessor, which he contended were internally inconsistent and did not adequately articulate the path of reasoning required to determine his level of impairment. The respondent opposed the challenge, arguing that the certificates were consistent and adequately justified the assessment of the applicant's impairment.

The court was required to determine whether the MACs were internally consistent and whether they provided a sufficient explanation of the reasoning process used to assess the applicant's impairment. The court considered the principles established in State of New South Wales v Kaur, which emphasised the importance of a clear and consistent rationale in medical assessments. The court also had to decide whether a re-examination of the applicant's condition was warranted.

The court found that the MACs were indeed internally inconsistent and failed to adequately demonstrate the path of reasoning required to support the assessment of the applicant's impairment. The court revoked the MACs and ordered that a re-examination of the applicant's condition be conducted by a different medical assessor. The respondent's argument that the MACs were consistent and adequately justified was dismissed. The court held that the MACs did not provide a sufficient explanation of the reasoning process used to assess the applicant's impairment, thereby undermining their reliability and validity.

The court ordered that a new medical assessment be conducted to determine the applicant's level of permanent impairment. The respondent was directed to pay the costs of the re-examination. The court emphasised the importance of clear and consistent medical assessments in workers compensation claims, underscoring the need for medical assessors to provide a detailed explanation of their reasoning process.