Pascoe v Mechita Pty Ltd

Pascoe, the appellant, sought compensation for an alleged workplace injury. Mechita, the respondent, contested the claim and an approved medical specialist issued a certificate in relation to the claim. An appeal panel was convened under the Workers Compensation Act 1987 (NSW) to review the certificate. The panel found an error in the certificate and assessed the claim afresh, making an adverse finding regarding the percentage of whole person injury. Pascoe sought judicial review of the appeal panel’s decision, contending that the panel denied procedural fairness by considering certain material without giving him notice of that material and that the decision was unreasonable.

The court examined whether the appeal panel breached the principle of procedural fairness by considering certain material without giving Pascoe notice. The court also considered whether the appeal panel’s decision was unreasonable. The court held that the appeal panel did not breach procedural fairness by considering the material without giving notice as the material was already before the approved medical specialist and Pascoe was given an opportunity to respond to it. The court further held that the appeal panel’s decision was not unreasonable as it was open to the panel to make an adverse finding about the percentage of whole person injury based on the evidence before it.

The court dismissed Pascoe’s application for judicial review and ordered him to pay Mechita’s costs of the appeal. The court found that the appeal panel did not deny Pascoe procedural fairness and that its decision was open to it and not unreasonable. The appeal was dismissed with costs.