Northern Star Ltd v Mark Druissi - [2007] NSWWCCPD 64

WORKERS COMPENSATION COMMISSION

DETERMINATION OF APPEAL AGAINST A DECISION OF THE REGISTRAR IN RELATION TO COSTS

CITATION:Northern Star Limited v Druissi [2007] NSWWCCPD 64
APPELLANT:  Northern Star Limited
RESPONDENT:  Mark Druissi
INSURER Allianz Australia Workers Compensation (NSW) Limited
FILE NUMBER:  WCC2238-06
DATE OF REGISTRAR’S DECISION:             4 October 2006
DATE OF APPEAL DECISION:  27 February 2007
SUBJECT MATTER OF DECISION: Appeal against the Registrar’s assessment of costs; ‘medical dispute’ as defined by section 319 of the Workplace Injury Management and Workers Compensation Act 1998; Items 1.02; 2.04A; 2.06; 3.01, and 4.09 of Schedule 6 of the Workers Compensation Regulation 2003.
PRESIDENTIAL MEMBER:  Acting Deputy President Tydd
HEARING:On the papers
REPRESENTATION:  Appellant:      Ellison Tillyard Callanan
Respondent: Lee Sames Egan

ORDERS MADE ON APPEAL: 1.Paragraph one of the decision of the delegate dated 4 October 2006 is revoked and the following order is made in its place:

“(i) Pursuant to the Applicant’s Bill of Costs, the Respondent is liable to pay the Applicant’s costs as agreed or assessed.”

2. Paragraphs two, three and four of the delegate’s decision are confirmed.

3. The Appellant, Northern Star, is to pay the Respondent, Mr Druissi’s costs in this appeal in the amount of $275.00 (inclusive of GST).

BACKGROUND

Prior proceedings

On 24 October 2005 Mr Mark Druissi (‘Mr Druissi’) lodged an ‘Application to Resolve a Dispute’ in the Workers Compensation Commission (‘the Commission’), (WCC18178-05). Mr Druissi named Northern Star Limited (‘Northern Star’), as the Respondent employer and claimed that he suffered injuries to his back; both legs, and sexual organs as a result of the nature and conditions of his employment as a tradesman printer from 11 July 1979 to July 2002. Mr Druissi sought medical and related expenses pursuant to section 60 of the Workers CompensationAct 1987 (‘the 1987 Act’) in the amount of $495.00 as at 16 August 2005. The claim was made on the basis that the medical and related expenses were ongoing.

On 25 October 2005 the Registrar issued a Notice to Parties (‘the Notice’) requiring Mr Druissi to serve the Application and Notice on Northern Star and deferring the requirement for Northern Star to lodge a reply. The parties were also advised that the dispute was to be set down for a teleconference before a delegate of the Registrar.

Mr Druissi filed further submissions on 28 October 2005 and an Application to Admit Late Documents on 9 November 2005. On 3 November 2005 Northern Star filed submissions and documents in reply.

A teleconference was conducted on 15 November 2005 by a delegate of the Registrar and on that day the Commission issued a “Notation” of the consent agreement made by the parties that: the Respondent pay the outstanding Bowen therapy expenses rendered between 1 February 2005 to 5 August 2005; credit be given to the Respondent for any treatment already paid; the Respondent pay the Applicant’s costs as agreed or assessed; the Respondent was to submit to the Applicant an alternative treatment plan, and continue to pay for Bowen…

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.

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Details

Case: [2007] NSWWCCPD 64
Decision Date: 27 February 2007

CaseChat Overview and Summary

Northern Star Limited appealed against the Registrar’s assessment of costs in the Workers Compensation Commission concerning a dispute over medical expenses compensation lodged by Mark Druissi. The primary issue was whether the dispute was classified as a ‘medical dispute’ under the Workplace Injury Management and Workers Compensation Act 1998, and if so, whether the associated costs were correctly assessed according to the Compensation Costs Table in the Workers Compensation Regulation 2003. The appeal also contested specific cost items, including those related to lodging the claim, preparing witness statements, reviewing the claim, and attending a teleconference with a delegate of the Registrar.

The Acting Deputy President, Elizabeth Tydd, reviewed the submissions and the relevant legal provisions. The decision clarified that a claim for medical expenses compensation does not inherently qualify as a ‘medical dispute’ as defined by the Act. The Court found that the Registrar's delegate had the authority to assess the costs under the existing legislative framework and the agreed consent notation. The appeal against the classification of the dispute as a 'medical dispute' was rejected. Furthermore, the Court upheld the delegate's decisions on the contested cost items, affirming that the disallowances and allowances were consistent with the regulation and the submissions made by the parties.

In summary, the Acting Deputy President confirmed the Registrar’s assessment of costs, except for the initial order on cost liability, which was revised to reflect the agreed or assessed costs. The final order mandated Northern Star to pay the costs of the appeal, totalling $275.00 inclusive of GST, to Mark Druissi.

Orders