| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2019 04095
| GOLDEN CITY SUPPORT SERVICES INC | Plaintiff |
| v | |
| DEBRA FORREST | First Defendant |
| ASSOCIATE PROFESSOR EVANGE ROMAS | Second Defendant |
| ASSOCIATE PROFESSOR ANDREW HARDIDGE | Third Defendant |
| DOCTOR ROBERT SHIELDS | Fourth Defendant |
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JUDGE: | MOORE J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 16 October 2020 |
DATE OF JUDGMENT: | 15 September 2021 |
CASE MAY BE CITED AS: | Golden City Support Services v Forrest |
MEDIUM NEUTRAL CITATION: | [2021] VSC 582 |
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ADMINISTRATIVE LAW – Judicial review – Opinion of a Medical Panel – Left foot soft tissue injury and chronic pain syndrome are accepted injuries and left ankle is rejected injury – Panel found left ankle dysfunction relevant to accepted injury and assessed impairment – Whether panel found a separate injury of left ankle – Whether panel failed to accord plaintiff procedural fairness – Whether panel took into account irrelevant considerations – Whether panel failed to assess impairment in accordance with the Guides – Whether panel gave adequate statement of reasons – Panel assessed permanent impairment by reference only to accepted injury – Identification of impairment of ankle not identification of separate injury of ankle – No jurisdictional errors established – Accident Compensation Act 1985 ss 98C, 104B, 91 – Linfox Transport (Aust) Pty Ltd v Toohey [2004] VSCA 233.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | M Fleming QC with S Gold | Hall & Wilcox |
| For the First Defendant | R Kumar | Arnold Dallas & McPherson |
| For the Second to Fourth Defendants | No appearance | DLA Piper |
HIS HONOUR:
Introduction and background
On 10 March 2014, the first defendant (the worker) suffered an injury at work while employed by the plaintiff (the employer) as a disability support worker. In a worker’s injury claim form, she described the injury as ‘soft tissue injury – left foot’. Liability for the claim was accepted.[1]
[1]On 11 August 2014, the worker’s weekly payments were terminated on the basis that she was no longer incapacitated for work. The worker disputed the termination of her weekly payments. As part of the resolution of that dispute, a conciliation officer referred certain questions to a medical panel on 12 March 2015. The medical panel opined that the worker had suffered a ‘soft tissue injury to her left foot’ at work which had resolved with a sequelae of a chronic pain syndrome and an adjustment disorder with depressed mood. The medical panel found that the worker had a current incapacity for work.
On 27 September 2018, the worker made a claim for impairment benefits under s 98C of the Accident Compensation Act 1985 (the ACA) in relation to the injuries she sustained on 10 March 2014. She described a number of injuries in her claim including injury to her left foot, injury to her left ankle and chronic pain syndrome.
The authorised agent for the Victorian WorkCover Authority and the employer’s insurer (the agent) obtained an opinion dated 6 February…
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- AGLC
- Golden City Support Services v Forrest [2021] VSC 582
- Case
- [2021] VSC 582
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the Panel had correctly identified the injuries, whether it had accorded procedural fairness to the plaintiff, and if it had assessed impairment in accordance with the statutory guidelines. Additionally, the court needed to decide if the Panel had taken into account irrelevant considerations, provided adequate reasons for its decisions, and properly assessed the impairment of the left ankle. The insurer argued that the Panel had failed to properly identify the injuries and had not assessed the impairment in accordance with the Guides.
The court found that the Panel had not erred in identifying the left ankle dysfunction as relevant to the accepted injury, nor had it found the left ankle to be a separate injury. The court further held that the Panel had not failed to accord procedural fairness or taken into account irrelevant considerations. The Panel had also provided an adequate statement of reasons, and the assessment of permanent impairment was correctly based only on the accepted injury. The court concluded that the Panel’s assessment of the left ankle did not constitute an identification of a separate injury of the ankle. Consequently, the insurer’s application for judicial review was dismissed.
The court made no orders as to costs.
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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