Inverell Shire Council v Cowdery

The case of Inverell Shire Council versus Cowdery was heard in the New South Wales Court of Appeal. The dispute centred on the evaluation of medical evidence related to the appellant employer's challenge of a decision that upheld a finding of the respondent worker's ongoing psychological injury and reduced capacity to earn. The Court was tasked with determining the validity of the factual findings made by the primary decision-maker concerning the persistence of the psychological injury and the extent of the reduction in the respondent's capacity to earn.

The primary legal issues for the Court to resolve included whether the primary decision-maker erred in their evaluation of the medical evidence and the validity of their factual findings regarding the continuation of the psychological injury. Additionally, the Court had to assess the correctness of the finding that the worker's capacity to earn had been reduced and whether the reasons provided by the primary decision-maker were adequate. The appellant argued that the primary decision-maker had failed to properly evaluate the medical evidence and had not provided sufficient reasons for their findings.

The Court of Appeal held that the primary decision-maker did not err in their evaluation of the medical evidence and that their factual findings were valid. The Court found that the primary decision-maker had adequately considered the medical evidence and provided sufficient reasons for their determinations. The Court concluded that the findings concerning the persistence of the psychological injury and the reduced capacity to earn were supported by the evidence and that the reasons provided were adequate. Consequently, the Court confirmed the Certificate of Determination dated 25 October 2018, dismissing the appeal.