HIH Winterthur Workers' Compensation (Vic) Ltd v Greeves

The case of HIH Winterthur Workers' Compensation (Vic) Ltd v Greeves involved an appeal from a decision made by a Magistrate that the insurer should make weekly payments. The dispute centred around which medical opinion concerning the contribution of employment to incapacity was correct. The matter was heard in the County Court of Victoria. The insurer, HIH Winterthur Workers' Compensation (Vic) Ltd, contested the Magistrate's decision, arguing that the Magistrate had erred in choosing the appropriate medical opinion.

The primary legal issue the court had to decide was whether the Magistrate was in error when deciding which medical opinion as to the contribution of employment to incapacity was correct. Additionally, the court needed to determine whether the Court was obliged to refer the medical question to the Medical Panel as provided by Section 45(1) of the Accident Compensation Act 1985, as amended. A further issue was whether it was an error to refuse to refer the question to the Medical Panel because the Magistrate had already decided what the answer was.

The court examined the provisions of Section 45(1) of the Act and found that the Court was indeed obliged to refer to the Medical Panel. The court concluded that the Magistrate's decision to choose a particular medical opinion without referring the matter to the Medical Panel was in error. The court also found that it was not an error to refer the question to the Medical Panel despite the Magistrate having already decided on the matter. The appeal was allowed, and the matter was remitted to the Magistrate for reconsideration with the correct medical opinion. The final orders of the court required the insurer to make the weekly payments as originally ordered by the Magistrate, subject to the reconsideration of the medical opinion by the Medical Panel.