Higgins v Weissman

Higgins brought an action against Weissman, a Medical Review Panel, seeking a review of the Panel’s decision on the question of whether certain medical services were reasonable for the treatment of his long-term compensable injury. The dispute was heard by the Supreme Court of Victoria. The issue before the court was whether the Panel had misunderstood the question posed to it or whether it had misunderstood the requirements of the relevant provisions of the Accident Compensation Act 1985.

The court held that the Panel must have misunderstood the question or the limited requirements of the relevant provisions of the Act or both. The Panel had found that the medical services were not appropriate or adequate for treatment of the worker’s condition, despite finding that the services reduced the worker’s pain and may have prevented deterioration of his condition. The court found that this finding was inconsistent with the Panel’s own findings. The court concluded that the Panel’s opinion was incorrect and quashed the relevant part of the opinion.

The court ordered that the Panel’s opinion that the medical services were not appropriate or adequate for treatment of the worker’s condition be quashed. The court further ordered that the matter be remitted to the Panel for reconsideration in light of the court’s decision.