Re Alexeef;

In the Supreme Court of Western Australia, the applicant, Ronny Paul, sought to quash a decision of a medical assessment panel under the Workers' Compensation and Rehabilitation Act 1981. The panel's determination found the applicant partially incapacitated for work due to his psychiatric condition, which was deemed temporary, and that he retained a capacity for work. The key issues were whether the panel's reasons were sufficient, if the panel erred in law by assuming the applicant would take increased medication or undergo cognitive behavioural therapy, and if the panel erred in concluding the applicant retained a capacity for work.

The court found the panel's reasons for determining the percentage of disability for the right shoulder and cervical spine were insufficient as they did not explain why specific percentages were chosen. The court held that the panel's reasons for finding the psychiatric condition temporary were adequate, as the panel's view that increased medication or therapy would improve the applicant's condition did not necessarily mean the condition would persist indefinitely. The court concluded the panel did not err in finding the applicant retained a capacity for work, as the finding was based on the applicant's current condition, not on assumptions about future treatment.

The order nisi for certiorari was made absolute as to the part of the determination pertaining to the right shoulder and cervical spine, but not as to the findings concerning the psychiatric condition. The panel was directed to remove its determination concerning the applicant for the purpose of quashing the invalid part.