Haydar Al-Nouri v Al-Nouri Pty Ltd

Haydar Al-Nouri was in dispute with Al-Nouri Pty Ltd concerning a workers' compensation claim, which was before the Workers Compensation Commission in Australia. The primary issue in the case was the validity of a referral made by the Registrar under section 319 of the Workplace Injury Management and Workers Compensation Act 1998 to an Approved Medical Specialist (AMS) for the assessment of a medical dispute. Specifically, the dispute centred on the alleged whole person impairment resulting from an injury to the worker's left upper extremity. The court needed to determine whether the referral to AMS Dr Assem was validly made, and if not, what effect this had on the Medical Assessment Certificate issued by Dr Assem.

The court examined the procedures followed in making the referral and found that it was not validly made, as there were procedural flaws in the Registrar's actions. Consequently, the court held that the Medical Assessment Certificate issued by Dr Assem was a nullity, as it was based on an invalid referral. The court also noted that the medical dispute remained unresolved, as the invalid referral and null certificate did not settle the matter at hand. The court confirmed the remaining orders made by the Arbitrator, including the direction for the Registrar to seek the worker's election regarding the forensic medical report to be forwarded to the AMS for the next assessment.

The court's decision revoked certain paragraphs of the Arbitrator’s Interim Determination and made new determinations. It declared the referral invalid, the Medical Assessment Certificate a nullity, and confirmed the ongoing medical dispute. The court also directed that only one forensic medical report should be forwarded to the AMS for the next assessment, pending the worker's election. No costs order was made regarding this appeal.