| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2023 05300
| BORIS DIMESKI | Plaintiff |
| v | |
| VICTORIAN WORKCOVER AUTHORITY & ORS (according to the attached Schedule) | Defendants |
---
JUDGE: | Watson J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 31 October 2024 |
DATE OF JUDGMENT: | 4 April 2025 |
CASE MAY BE CITED AS: | Dimeski v Victorian WorkCover Authority & Ors |
MEDIUM NEUTRAL CITATION: | [2025] VSC 165 |
---
ADMINISTRATIVE LAW – Judicial review – Medical panel opinion – Plaintiff claimed for noise induced hearing loss – Victorian WorkCover Authority accepted liability but assessed impairment at 0% – Medical questions referred to a medical panel – Medical panel assessed impairment of 0% – Whether medical panel misapplied Guidelines for the Assessment of Noise Induced Hearing Loss – Whether medical panel provided adequate reasons – No error demonstrated in medical panel’s opinion – Proceeding dismissed.
---
APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr B McManamey | IDA Legal |
| For the First Defendant | Mr R Kumar with Ms E Golshtein | TG Legal + Technology |
| For the Second and Third defendants | No appearance |
HIS HONOUR:
In this proceeding the plaintiff, Mr Dimeski, seeks:
(a) an order in the nature of certiorari quashing the 24 September 2023 opinion (‘the opinion’) of a medical panel (‘the Panel’) comprising the second and third defendants; and
(b) an order in the nature of mandamus remitting the medical questions in respect of which the opinion was given to a differently constituted medical panel to be reconsidered according to law.
Mr Dimeski worked for South Pacific Tyres between 1973 and 1997. On 18 September 2021 Mr Dimeski made a claim under the Accident Compensation Act 1985 (Vic) (‘ACA’) for an impairment benefit alleging noise induced hearing loss. The Victorian WorkCover Authority (‘VWA’) accepted liability for Mr Dimeski’s noise induced hearing loss (‘NIHL’) but assessed his whole person impairment at 0%. Mr Dimeski disputed the assessment of whole person impairment and so medical questions were referred to the Panel.
The Panel’s opinion was as follows:
Question a): What is the worker’s degree of permanent whole person impairment resulting from the accepted injury/s assessed in accordance with Division 4 of Part 2?
Answer: The Whole Person Impairment calculated in accordance the Act is 0%. The degree of impairment is permanent.
Question b) Does the worker have an accepted injury, which has resulted in a total loss injury mentioned in the table in Section 221?
Answer: No.[1]
[1]Court Book (‘CB’) 63.
This application for judicial review boils down to two questions:
(a) Was the Panel required to calculate Mr Dimeski’s percentage hearing loss using audiogram results for 2 kHz, 3 kHz and 4 kHz, rather than just 3 kHz and 4 kHz? Mr Dimeski says it was. The VWA says it was not.
(b) Did the Panel give adequate reasons for its determination not to use the 2 kHz audiogram results in its calculation of Mr Dimeski’s percentage hearing loss? Mr Dimeski says they did not. The…
Keep reading for free
Create a free CaseChat account to read Dimeski v Victorian WorkCover Authority and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2025] VSC 165
- Decision Date
CaseChat Overview and Summary
The court considered whether the medical panel had erred in law by misapplying the guidelines, and whether they had provided sufficient reasons to justify their assessment. The court noted that the guidelines provided a framework for assessing hearing loss and that the panel had followed this framework. The court found that the panel had considered all relevant evidence and had provided a detailed explanation for their assessment. The court was satisfied that the panel had not misapplied the guidelines and that their reasons were adequate.
Based on this reasoning, the court concluded that there was no error in the medical panel’s opinion. The court dismissed the proceeding, holding that the Authority’s assessment of 0% impairment was not challenged by the evidence or the law. The court found that the medical panel had properly exercised their discretion and that the decision was not unreasonable. Therefore, the plaintiff's application for judicial review was dismissed, and the Authority's assessment was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.