Hobden v South East Illawarra Area Health Service

Hobden sought judicial review of a decision made by the Respondent to reduce her weekly compensation under section 11A of the Workers Compensation Act 1987. The dispute was heard in the Land and Environment Court of New South Wales. The Applicant argued that the decision to reduce her compensation was unlawful as it was based on an incorrect application of the law and an incorrect assessment of her capacity to work. The Respondent argued that the decision was lawful as it was based on a correct application of the law and a correct assessment of the Applicant’s capacity to work.

The court held that the decision to reduce the Applicant’s compensation was unlawful as it was based on an incorrect application of the law and an incorrect assessment of her capacity to work. The court found that the decision-maker had failed to take into account relevant evidence and had not properly considered the Applicant’s capacity to work. The court also found that the decision-maker had not given the Applicant an opportunity to respond to the evidence that was relied upon in making the decision.

The court revoked the decision to reduce the Applicant’s compensation and ordered that the Respondent pay the Applicant weekly compensation at the rate of $857.40 per week from 10 February 2009 to 4 May 2009. The court also ordered that the Respondent pay the Applicant’s costs of the Application for Expedited Assessment and the costs of the appeal.