Canon Medical Systems ANZ Pty Limited v Berry

In the case of Canon Medical Systems ANZ Pty Limited v Berry, the appellant contested the assessment of the respondent's employability under the Personal Injury Rating Scheme (PIRS) as performed by a medical assessor. The worker, who had suffered injuries in May 2021, had returned to regular employment, which the appellant argued should reflect in the employability assessment. The matter was heard and determined by the Administrative Appeals Tribunal.

The primary legal issue before the tribunal was whether the medical assessor's determination of a class 5 rating, indicating total impairment, was consistent with the evidence presented. Specifically, the tribunal needed to consider whether the worker's return to regular employment since May 2021 affected the assessment of employability. The tribunal also needed to determine if the panel's conclusion that the class 5 rating was incorrect was supported by the evidence.

The tribunal examined the evidence and found that the panel's decision that the class 5 rating was incorrect was justified. The worker's return to regular employment was a significant factor that the medical assessor had not appropriately considered. Consequently, the tribunal revoked the Medical Assessment Certificate on the basis that it did not accurately reflect the worker's current employability. This decision was based on the weight of evidence that showed the worker had indeed resumed regular employment.

The tribunal's decision to revoke the Medical Assessment Certificate and to direct that the matter be returned to the panel for reassessment was final and binding on the parties. The tribunal did not make specific orders beyond the revocation of the certificate, leaving it to the panel to reassess the worker's employability in light of the new evidence.