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Midson v Workers Compensation Commission & Ors

Midson v Workers Compensation Commission & Ors

Case [2016] NSWSC 1352 23 September 2016

Judicial Review

Jurisdiction

Natural Justice & Procedural Fairness

Administrative Law

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Supreme Court

New South Wales

Medium Neutral Citation: Midson v Workers Compensation Commission & Ors [2016] NSWSC 1352
Hearing dates: 10 August 2016
Decision date: 23 September 2016
Jurisdiction: Common Law - Administrative Law
Before: N Adams J
Decision:
(1) Quash the decision of the second defendant on 31 March 2016.
(2) The plaintiff has leave to approach the Court within 14 days to list the matter for further argument concerning the issue of costs.

Catchwords:
ADMINISTRATIVE LAW – workers compensation – judicial review of decision of Medical Appeal Panel of the Workers Compensation Commission – where Panel directed that worker attend a second assessment with an approved medical specialist prior to making finding of demonstrable error – whether error of law on the face of the record – whether jurisdictional error
ADMINISTRATIVE LAW – workers compensation – whether Medical Appeal Panel failed to confine itself to grounds of appeal – construction of s 323 of the Workplace Injury and Management and Workers Compensation Act 1998 (NSW) – whether grounds of appeal include submissions
Legislation Cited: Supreme Court Act 1970 (NSW), s 69
Uniform Civil Procedure Rules (NSW), rr 59.10
Workers Compensation Act 1987 (NSW), s 151H
Workers Compensation Legislation Amendment Act 2010 (NSW)
Workplace Injury and Management and Workers Compensation Act 1998 (NSW), ss 322, 325, 327, 328, 378
Workers Compensation Legislation Amendment Act 2010 (NSW)
Cases Cited: ASIC v Farley (2001) 51 NSWLR 494; [2001] NSWSC 326
Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 1416
Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053
Ingham Enterprises Pty Ltd v Lakovska [2014] NSWCA 194
Ingham Enterprises Pty Ltd v Valentina Lakovska [2013] NSWSC 1489
Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1
Merza v Registrar of the Workers Compensation Commission [2006] NSWSC 939
New South Wales Police Force v Registrar of the Workers Compensation Commission [2013] NSWSC 1792
Siddik v WorkCover Authority of NSW [2008] NSWCA 116
Trustees of the Roman Catholic Church for the Diocese of Bathurst v Dickinson [2016] NSWSC 101
The UGL Rail Services Pty Ltd (formerly United Group Rail Services Pty Ltd v Attard [2016] NSWSC 911
Texts Cited: Workers Compensation Guide to the Assessment of Permanent Incapacity, 3rd Edition
Category: Principal judgment
Parties: John Midson (Plaintiff)
Workers Compensation Commission (First Defendant)
Medical Appeal Panel of the Workers Compensation Commission (Second Defendant)
Enerka Apex Belting Pty Limited (Third Defendant)
Representation:
Counsel:
Mr P Stockley (Plaintiff)
Solicitors:
Douglas Williams (Plaintiff)

File Number(s): 2016/00198913
Publication restriction: Nil

Judgment

Background

On 7 May 2015, the plaintiff made application to the Workers Compensation Commission (“the first defendant”) for workers’ compensation based on a psychological injury said to have been caused during his employment with Enerka Apex Belting Pty Limited (“the third defendant”). There was a medical dispute regarding the extent of the injury, which was referred by the Registrar of the Workers Compensation Commission to an approved medical specialist (“AMS”) for assessment.
On 15 December 2015, the AMS issued…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Midson v Workers Compensation Commission & Ors

Details

AGLC: Midson v Workers Compensation Commission [2016] NSWSC 1352
Case: [2016] NSWSC 1352
Decision Date: 23 September 2016

CaseChat Overview and Summary

The case of Midson v Workers Compensation Commission & Ors involves a judicial review application by the plaintiff, Midson, against the decision of the Medical Appeal Panel of the Workers Compensation Commission. The plaintiff sought review of the Panel’s decision to direct him to undergo a second assessment with an approved medical specialist prior to determining whether a demonstrable error was made in the original assessment. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues that the court needed to address were whether the Panel had committed an error of law apparent on the face of the record and whether there was a jurisdictional error. Additionally, the court needed to determine if the Panel had confined itself to the grounds of appeal as required under section 323 of the Workplace Injury and Management and Workers Compensation Act 1998 (NSW), and whether these grounds included the submissions made during the appeal.

The court examined the relevant statutory provisions and found that the Panel had not confined itself to the grounds of appeal. Instead, the Panel considered submissions that were not explicitly listed as grounds of appeal. The court concluded that this constituted an error of law on the face of the record and amounted to a jurisdictional error. The court also found that the Panel’s failure to adhere to the prescribed grounds of appeal meant that the decision was not made in accordance with the statutory requirements.

The final orders of the court included setting aside the decision of the Medical Appeal Panel and remitting the matter back to the Panel for reconsideration in accordance with the statutory framework. The court emphasised the importance of adhering to the prescribed grounds of appeal to ensure that decisions are made within the correct legal parameters.

Orders