| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2021 01361
| JAMES DODDS | Appellant |
| v | |
| ATCORP INVESTMENTS PTY LTD & ORS (according to the schedule) | Respondents |
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JUDGE: | Tsalamandris J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 27 May 2022 |
DATE OF JUDGMENT: | 14 July 2022 |
CASE MAY BE CITED AS: | Dodds v Atcorp Investments & Ors |
MEDIUM NEUTRAL CITATION: | [2022] VSC 392 |
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ADMINISTRATIVE LAW – Judicial review – Opinion of Medical Panel – Assessment of worker’s medical condition and work capacity – Whether Medical Panel committed a jurisdictional error – Whether Medical Panel failed to have regard to a relevant factual matter – Medical panel accepted that plaintiff suffered from pain – Pain as medical condition – Adequacy of Panel’s reasons – Appeal dismissed – Chang v Neill [2019] VSCA 151 – Richter v Driscoll (2016) 51 VR 95 – Sidiqi v Kotsios [2021] VSCA 187 – Didani v Downes-Brydon & Ors [2021] VSCA 281 – Emmelmann v Thomson Geer Services [2020] VSC 801 – Ayana v Qantas Airways Ltd [2021] VSC 500 – Moutray v The Union Pastoral Co [2021] VSC 723 – Akbari v Victorian WorkCover Authority & Ors [2022] VSC 84 – Miletic v ANZ Banking Group Limited & Ors [2022] VSC 240 – Military Rehabilitation and Compensation Commission v May (2016) 257 CLR 468 – Calleja v Franet Pty Ltd [2000] VSC 339 – Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
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APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr G Uren QC with Mr E Makowski | Arnold Thomas & Becker Lawyers |
| For the First Respondent | Mr D Star QC with Ms M Norton | Russell Kennedy |
| For the Second to Sixth Respondents | No appearance | Victorian Government Solicitor’s Office |
HER HONOUR:
Preliminary
Mr Dodds is a 44-year-old man who suffered injury to his left knee when, on 23 July 2015, during the course of his employment, he slipped off the ledge of a bench top whilst removing a window (‘the incident’). Mr Dodds seeks to claim pain and suffering and pecuniary loss damages for the injuries he suffered in this incident. In order to do so, Mr Dodds must first satisfy the ‘serious injury’ definition contained in s 325(2)(e) of the Workplace Injury Rehabilitation and Compensation Act2013 (Vic) (‘the Act’).
Mr Dodds presently has an Originating Motion on foot in the County Court of Victoria, in which he is seeking leave to bring proceedings pursuant to s 335 of the Act. At the request of the first defendant, the County Court referred certain questions to a medical panel, which were relevant to the determination of his serious injury application.
On 4 March 2021, a medical panel composed of the second to sixth defendants (‘the Panel’) delivered its Certificate of Opinion (‘Opinion’) and written statement of Reasons for that Opinion (‘Reasons’). The Panel found that as a consequence of the incident, Mr Dodds suffers persistent left knee dysfunction resulting from a surgically treated medial meniscus…
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- AGLC
- Dodds v Atcorp Investments [2022] VSC 392
- Case
- [2022] VSC 392
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the Medical Panel had made a jurisdictional error in its assessment of the plaintiff's medical condition and work capacity. Specifically, the court needed to determine if the panel had failed to consider a relevant factual matter, namely the plaintiff's assertion of pain as a medical condition. Additionally, the adequacy of the reasons provided by the panel for their decision was scrutinized.
The court examined the panel's assessment and concluded that while the plaintiff's pain was acknowledged, the panel had not erred in its determination of the plaintiff's fitness to return to work. The reasoning provided by the panel was sufficient and did not exhibit any jurisdictional error. The court found that the panel's decision was well-founded and dismissed the appeal. The court relied on various precedents, including Chang v Neill, Richter v Driscoll, and others, to support its reasoning and decision. The final orders of the court confirmed the dismissal of the plaintiff's appeal and upheld the Medical Panel's decision.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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