Bojko v ICM Property Service Pty Ltd

Bojko (the worker) appealed to the Court of Appeal of New South Wales against a decision of the Appeal Panel of the Workers Compensation Commission. The dispute concerned the Appeal Panel's conduct of a review of a binding medical assessment of the worker's condition. The worker had requested a further medical examination by the Appeal Panel, which was not undertaken.

The primary legal issues before the Court of Appeal were whether the Appeal Panel's refusal to conduct a further medical examination constituted grounds for judicial review, and whether the Appeal Panel had treated a relevant consideration as irrelevant in its reasons for decision, and what the proper approach to the reasons of the Appeal Panel should be.

The Court of Appeal held that the Appeal Panel was not obliged to conduct a further medical examination. It reasoned that the Appeal Panel's role was to review the existing medical evidence and the decision of the original medical assessor, not to conduct a de novo assessment. The Court found that the Appeal Panel had adequately considered the worker's submissions and the relevant evidence, and that its reasons for decision were sufficient. The Court applied the principles of judicial review, emphasizing that the Appeal Panel's decision would only be set aside if it had made an error of law, such as failing to consider a relevant matter or considering an irrelevant matter.

Leave to appeal was granted, and the appeal was dismissed with costs.