| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S ECI 2022 02798
| MOHAMMAD HAIDARI | Plaintiff |
| v | |
| VICTORIAN WORKCOVER AUTHORITY (and others according to the Schedule) | Defendants |
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JUDGE: | Niall JA |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 3 August 2023 |
DATE OF JUDGMENT: | 5 September 2023 |
CASE MAY BE CITED AS: | Haidari v Victorian WorkCover Authority |
MEDIUM NEUTRAL CITATION: | [2023] VSC 522 |
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WORKERS’ COMPENSATION – Judicial review of medical panel decision – Whether medical panel gave adequate reasons for opinion – Conclusion as to work capacity flowed naturally from findings of fact in respect of participation in daily life – Different conclusion to previous medical panel clearly explained – Whether medical panel took into account irrelevant considerations – Errors of fact not established – Even if errors of fact established would not demonstrate medical panel took into account irrelevant considerations – Proceeding dismissed.
Workplace Injury Rehabilitation and Compensation Act 2013, s 313.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Dr KP Hanscombe SC with Ms K Bowshell | Zaparas Lawyers |
| For the First Defendant | Mr MF Fleming KC with Ms S Gold | IDP Lawyers |
| For the Second to Seventh Defendants | No appearance | DLA Piper Australia |
HIS HONOUR:
The plaintiff has made a claim for compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (‘the WIRC Act’) in respect of an alleged workplace injury that is said to have occurred in January 2016 in the course of his employment as a plasterer. Pursuant to the WIRC Act a number of ‘medical questions’ were referred to a medical panel (‘the Panel’). The plaintiff, unhappy with the answers that were given, seeks judicial review on two grounds, which he contends demonstrate jurisdictional error[1] entitling him to relief in the nature of certiorari.
[1]And perhaps, error of law on the face of the record.
The relevant medical questions and the answers given by the Panel are as follows:
Question 3In any, and if so what period from September 2016 to the date of the Medical Panel examination did the plaintiff have:
(a) a current work capacity;
(b) no current work capacity?
Answer: In the Panel’s opinion, from 5 September 2016 to the date of the Medical Panel examination the plaintiff:
(a) had a current work capacity;
(b) did not have no current work capacity.
Question 4 As at the date of the Medical Panel’s assessment, does the Plaintiff have no current work capacity, and is that likely to continue indefinitely?
Answer: In the Panel’s opinion, as at the date of the Medical Panel examination the plaintiff:
(a) has a current work capacity;
(b) does not have no current work capacity.
The Panel was required to provide reasons for its opinion pursuant to a duty imposed on it by s 313 of the WIRC Act. In purported compliance with that obligation, on 25 May 2022, the Panel published its reasons for opinion (‘Reasons’).
The two grounds raised by the plaintiff are as…
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- Case
- [2023] VSC 522
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the medical panel provided adequate reasons for their opinion on the applicant's work capacity. Additionally, the court needed to determine if the conclusion regarding the applicant's work capacity flowed naturally from the findings of fact concerning his participation in daily life. Another issue was whether the medical panel considered irrelevant factors in reaching their conclusion, and if so, whether this would render the decision reviewable.
The court found that the medical panel's conclusion on the applicant's work capacity was logically derived from their findings of fact. It was determined that the panel's opinion was not arbitrary but rather flowed naturally from the evidence presented. Furthermore, the court held that even if there were errors of fact, these would not necessarily indicate that the panel had considered irrelevant considerations. Consequently, the proceeding was dismissed, and the decision of the medical panel was upheld.
The court ordered that the proceeding be dismissed with costs to be paid by the applicant.
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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