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Baumgartner v VWA

Baumgartner v VWA

Case [2019] VCC 1435

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AGLC: Baumgartner v VWA [2019] VCC 1435
Case: [2019] VCC 1435
Decision Date: 6 September 2019

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Citations

Baumgartner v VWA [2019] VCC 1435

Most Recent Citation

Dundar v BAS [2020] VMC005 [2020] VMC 5

Cases Citing This Decision

Baumgartner v Victorian WorkCover Authority [2022] VSCA 21
Citation 1 (Para 1)

…r Shan as to work capacity and that ‘it cannot be said that he has provided an answer that rules out any dispute.’[37] [37] Baumgartner v VWA [2019] VCC 1435, [76].…
Victorian WorkCover Authority v Baumgartner [2021] VSC 300
Citation 2 (Para 1)

…n the reasoning in the case of Stewart . [4] Baumgartner v Victorian Workcover Authority (County Court of Victoria, Bowman J, 6 September 2019) [2019] VCC 1435] (‘ Bowman J Reasons ’).…
Dundar v BAS [2020] VMC 5
Citation 3

…1 anyway. 41There was no dispute before this court or the medical panel as to the reasonable medical and like expenses anyway (see, Baumgartner v VWA [2019] VCC 1435). Any reference to any psychological or psychiatric condition had already been removed from the statement of claim prior to the second referral to th…

Cases Cited

Statutory Material Cited

Harris v DJD Earthmoving Pty Ltd [2016] VSCA 188
Citation 1

…ere is a medical dispute in the present case, as opposed to the position in Stewart . Mr McKenzie also referred to the decision of Richter v Driscoll (2016) 51 VR 95 and to the criticism made in that decision of generic vocational assessment reports. It is submitted that the Recovre report does provide the type of…
McVey v GJ & LJ Smith Pty Ltd [2014] VSCA 293
Citation 2

…30 Reference is also made to the decision of the Court of Appeal in McVey v GJ & LJ Smith Pty Ltd [2014] VSCA 293. A Medical Panel is required to form its own opinion based on the information available to it at the time of its assessment. It is submitted that if, as found in McVey , a subsequent Medical Panel cann…
Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43
Citation 3

…on to the decision in Stewart , this is inconsistent with what was said by the High Court of Australia in Wingfoot Australia Partners Pty Ltd v Kocak (2013) 303 ALR 64. In no case other than Stewart has the issue of the absence of a medical dispute been commented upon or determined. There have been decisions of the…
Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27
Citation 4

…27 Reference is also made to the discussion of abuse of process in Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256. That was another case involving delay.…
Greeves v HIH Winterthur Workers' Compensation (Vic) Ltd [2000] VSCA 68
Citation 5

…ade to what was said in HIH Winterthur Workers Compensation (Vi c ) Ltd v Greeves [1998] VSC 97 and the subsequent decision of the Court of Appeal in Greeves v HIH Winterthur Workers Compensation (Vic) Ltd (2000) 1 VR 344. The Court should not hear the evidence, make its own decision, and then effectively state that a referral is then irrelevant.…
Victorian WorkCover Authority v Roska Nedelkovska [2017] VSC 186
Citation 6

…45 Mr McKenzie then referred me to a further decision, namely Victorian WorkCover Authority v Nedelkovska [2017] VSC 186. This bears upon the criticism of the validity of the IPAR report. It was determined that, ultimately, it is for the Medical Panel to consider the quality of such reports.…
Transport Accident Commission v Dello Russo [2000] VSC 275
Citation 7

…ion (Vi c ) Ltd v Greeves [1998] VSC 97 and the subsequent decision of the Court of Appeal in Greeves v HIH Winterthur Workers Compensation (Vic) Ltd (2000) 1 VR 344. The Court should not hear the evidence, make its own decision, and then effectively state that a referral is then irrelevant.…
HIH Winterthur Workers' Compensation (Vic) Ltd v Greeves [1998] VSC 97
Citation 8

…quick to determine that there is no medical dispute. Reference is made to what was said in HIH Winterthur Workers Compensation (Vi c ) Ltd v Greeves [1998] VSC 97 and the subsequent decision of the Court of Appeal in Greeves v HIH Winterthur Workers Compensation (Vic) Ltd (2000) 1 VR 344. The Court should not h…
Ferguson v P Employment Pty Ltd [2017] VCC 1481
Citation 9

…uld be falling into error. It is an issue which a Panel can determine – reference is made to the decision of Ferguson v VP Employment Pty Ltd [2017] VCC 1481.…
Besnek v City of Boroondara [2017] VCC 1482
Citation 10

…to what the Panel would do in relation to English language skills – see the decision of his Honour Judge Wischusen in Besnek v City of Boroondara [2017] VCC 1482. There is no medical or other expert opinion to support the plaintiff’s claim of dyslexia or other learning difficulties. If the Court decided against re…

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