Re Anastas; Ex parte Welsby

In the case of Re Anastas; Ex parte Welsby, the applicant, John Welsby, sought a writ of certiorari against the Medical Assessment Panel, comprising Nicholas C Anastas, Dr F Ng, and Dr S Blackwell, challenging their determination of his degree of disability under the Workers' Compensation and Rehabilitation Act 1981. The applicant's primary contention was that the Panel's determination lacked adequate reasons and improperly referenced the Western Australian Australian Medical Association (AMA) Guide. The court had to decide whether the Panel's reasons were sufficient and whether the reference to the AMA Guide was appropriate.

The court found that the Panel's reasons did not adequately explain the basis of their determination, the medical evidence they relied upon, and the relevance of inconsistencies in the applicant's examination. The reasons also failed to address the nature and extent of relevant discussions between the Panel members. Furthermore, the court observed that while the Panel was not in error for referencing the AMA Guide, it was arguable that they should have primarily referred to Item 36A of the Second Schedule of the Act for assessing the degree of disability. The court granted an order nisi for a writ of certiorari on the basis that the Panel's reasons were inadequate and that there was an arguable case regarding the improper reference to the AMA Guide.