Lieng v Blueyco Pty Limited trading as Elf Mushrooms

In the case of Lieng v Blueyco Pty Limited trading as Elf Mushrooms, the dispute centred on the assessment of the worker's impairment following a workplace injury. The case was heard and decided by the Workers Compensation Regulator, and subsequently appealed to a higher court. The appellant argued that the assessment of a 0% whole person impairment, particularly regarding the cervical spine, was incorrect due to several alleged errors by the original assessor.

The legal issues before the court were multifaceted, primarily revolving around whether the assessor had applied the correct criteria in determining the impairment rating, whether he had formed a view inconsistent with the findings of injury, and whether he had properly considered the activities of daily living (ADLs) in his assessment. Additionally, the court had to determine if the assessor's failure to provide reasons for his assessment constituted a denial of procedural fairness to the appellant.

In reaching its decision, the court closely examined the assessor's methodology and findings. It found that the assessor had indeed failed to provide adequate reasons for his assessment of a DRE Category I impairment, and that his views seemed inconsistent with the injury findings. The court also concluded that the symptoms presented by the appellant were not consistent with a DRE Category I impairment. The court further held that the assessor's failure to consider the ADLs and the potential for procedural unfairness warranted a reconsideration of the impairment assessment. Ultimately, the appeal was allowed in part, with the original assessment being set aside and remitted for reconsideration.

The final orders of the court directed that the assessment of the appellant's cervical spine and right upper extremity be reconsidered in light of the court's findings. Additionally, the court determined that an appeal could lie if the condition of the appellant's left upper extremity, which had not been referred for assessment, deteriorated. The reassessment was to be conducted with full adherence to the correct criteria and procedural fairness.