Haroun v Rail Corporation New South Wales

The applicant, Mr Haroun, appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court which dismissed his summons seeking to set aside a medical assessment certificate issued by an independent medical assessor. The respondent was the Rail Corporation New South Wales. The dispute concerned the assessment of Mr Haroun's permanent impairment for the purposes of workers' compensation.

The primary legal issue before the Court of Appeal was whether the Arbitrator's previous findings regarding Mr Haroun's permanent impairment were relevant to the subsequent assessment by the independent medical assessor, and if so, how that relevance should be considered. Specifically, the court had to determine if the Arbitrator's findings were binding on the medical assessor or if they merely constituted material to be considered.

The Court of Appeal held that the Arbitrator's findings of permanent impairment were not binding on the independent medical assessor. The court reasoned that the statutory scheme for assessing permanent impairment under the *Workers Compensation Act 1987* (NSW) contemplates an independent assessment by a medical assessor, who is required to make their own assessment based on the relevant medical evidence and guidelines. While the Arbitrator's findings might be part of the material placed before the medical assessor, they do not dictate the outcome of the medical assessment. The court affirmed that the medical assessor's role is to provide an independent opinion on the degree of permanent impairment.

The summons was dismissed, and Mr Haroun was ordered to pay the costs of the Rail Corporation New South Wales.