Griffin v State of Queensland

[2016] QSC 43

SUPREME COURT OF QUEENSLAND

CITATION:

Griffin v State of Queensland [2016] QSC 43

PARTIES:

NEIL JOHN GRIFFIN

(applicant)

v
STATE OF QUEENSLAND

(first respondent)
DR IVERS, DR OUTERBRIDGE AND DR SUGARS CONSTITUTING THE ORTHOPAEDIC ASSESSMENT TRIBUNAL

(second respondent)

FILE NO/S:

SC No 5684 of 2015

DIVISION:

Trial Division

PROCEEDING:

Application for statutory order of review

DELIVERED ON:

11 March 2016

DELIVERED AT:

Brisbane

HEARING DATE:

4 March 2016

JUDGE:

Douglas J

ORDER:

1. Order that the second respondent’s decision be set aside;

2. Further order that the matter be referred to an Orthopaedic Assessment Tribunal differently constituted for further consideration according to law;

3. Further order that the first respondent pay the applicant’s costs of the application.  

CATCHWORDS:

WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – DETERMINATION OF CLAIMS – PROCEDURE – where liability had been accepted for lumbar soft tissue injury/aggravation – where the tribunal diagnosed the injury as aggravation of pre-existing degenerative changes involving the lumbosacral spine – whether the tribunal failed to consider the lumbar soft tissue injury  

WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – DETERMINATION OF CLAIMS – PROCEDURE – where the tribunal did not explicitly identify the relevant Diagnosis Related Estimate or percentage uplift – whether the tribunal complied with the procedures required by the Guidelines for Evaluation of Permanent Impairment

ADMINISTRATIVE LAW – FREEDOM OF INFORMATION – REASONS FOR ADMINISTRATIVE DECISIONS – ADEQUACY OF REASONS – where the applicant suffered two injuries – where the tribunal determined that permanent impairment was due to the first injury – whether the tribunal’s reasons were adequate

Acts Interpretation Act 1954 (Qld), s 27B
Workers’ Compensation Act 1916 (Qld), s 14C(6)
Workers’ Compensation and Rehabilitation Act 2003 (Qld), s 179, s 500, s 505, s 516(1)

Chapman v General Medical Assessment Tribunal – Thoracic & Xtracare [2007] QCA 381, distinguished
Comcare v Levett (1995) 60 FCR 14, considered
Cypressvale Pty Ltd v Retail Shop Lease Tribunal [1996] 2 Qd R 462, cited
Di Girolami v Garentone Pty Ltd [2001] VSC 57, cited
Ergon Energy Corporation Limited v Rice-McDonald [2010] 1 Qd R 516, considered
Thompson v WorkCover Queensland [2002] QSC 119, cited
Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43, considered

York v General Medical Assessment Tribunal [2003] 2 Qd R 104, cited

COUNSEL:

M Black for the applicant

S McLeod for the first respondent

SOLICITORS:

Maurice Blackburn Lawyers for the applicant

GR Cooper, Crown Solicitor for the first respondent

Background

1. The applicant, Mr Griffin, was a bus driver.  The respondent, through WorkCover Queensland, accepted liability for an injury that he suffered on 3 June 2014 in the course of his employment.  It was described as “Lumbar soft tissue injury/aggravation pre-existing condition”.  WorkCover assessed his permanent impairment from the injury as 0%.  That conclusion was clearly derived from the assessments of two separate neurosurgeons, Dr Coroneos and Dr Coyne. 

2. The pre-existing condition was one that he had suffered in February 2006.  He underwent a spinal…