| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2019 04138
| BLUESCOPE STEEL LIMITED | Plaintiff |
| v | |
| ROBIN ANTHONY WILLMOT & ORS (according to the schedule) | Defendants |
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JUDGE: | Kennedy J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 19 May 2020 |
DATE OF JUDGMENT: | 29 May 2020 |
CASE MAY BE CITED AS: | Bluescope Steel Limited v Willmot |
MEDIUM NEUTRAL CITATION: | [2020] VSC 297 |
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ADMINISTRATIVE LAW – Judicial Review – Certificate of Medical Panel – Diagnosis of conversion disorder – Whether failure to take into account evidence concerning worker’s credit – Whether reasons inadequate - No error established - Workplace Injury Rehabilitation and Compensation Act 2013 ss 274, 302, 304, 313.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr J Gorton QC with Mr R Kumar | Hall and Wilcox |
| For the First Defendant | Mr M Fleming QC with Mr L Allan | Zaparas Law |
HER HONOUR:
In this proceeding, the plaintiff, Bluescope Steel Limited (the employer), applies for review under Order 56 of the Supreme Court (General Civil Procedure) Rules 2015 of an opinion of a Medical Panel (the Panel) dated 12 July 2019 that Mr Willmot (the first defendant) had a ‘conversion disorder.’
The employer applies for an order in the nature of certiorari quashing the opinion of the Panel (comprising the second to fifth defendants), and an order in the nature of mandamus remitting the referred medical questions to a differently constituted panel.
The employer alleges that the Panel has failed to take into account relevant considerations (ground 1) and/or failed to provide adequate reasons for its opinion (ground 3).[1]
[1]Ground 2 - which alleged that there was jurisdictional error by making findings which were grossly illogical or irrational, and/or unreasonable - was abandoned at the hearing: Transcript of proceeding, 19 May 2020, 64 [1]-[6].
The Panel did not appear at the trial and will abide by the outcome of this proceeding.[2]
[2]See letter to the Court from Pater Rashleigh of DLA Piper, dated 4 March 2020.
Background
Mr Willmot was born on 30 July 1973 (and is currently 46 years of age). He was employed by the employer as a process technician, commencing in February 2014.
On 10 November 2015, Mr Willmot completed a worker’s injury claim form citing injury by way of back trauma involving ‘waist down, legs, feet’, arising from an incident on 5 November 2015 when he slipped and fell to the floor.
Following the incident, he was taken to Frankston Hospital where he remained for four to five days, subsequently being transferred to the Golf Links Hospital where he remained until late November 2015. Scans and examination did not demonstrate an organic cause of symptoms. An impression was noted of functional neurological deficit likely to improve over time. He did not return to work.
The employer accepts that Mr Willmot was involved in a fall on 5 November 2015 (and the claim was initially accepted).
Following discharge from hospital, Mr Willmot was…
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- Case
- [2020] VSC 297
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around whether the medical panel had erred by not considering certain evidence relating to the worker's credibility and whether the reasons provided by Willmot for issuing the certificate were adequate. The court needed to determine if there had been a failure to take into account relevant evidence and whether the reasons given were sufficient and justifiable under the applicable statutory framework.
The court found that the medical panel had indeed considered the evidence regarding the worker's credibility, albeit not in the manner Bluescope Steel had anticipated. The reasons provided by Willmot were deemed adequate as they were consistent with the statutory requirements under the Workplace Injury Rehabilitation and Compensation Act 2013. The court concluded that there was no established error in the issuance of the certificate. Therefore, Bluescope Steel's application for judicial review was dismissed.
The court ordered that Bluescope Steel pay the costs of the proceeding, as determined by the court. This outcome affirmed the validity of the certificate and the process undertaken by the medical panel and Willmot.
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