Re Medical Assessment Panel; ex parte Symons

In this case, Eric Joseph Symons applied for a writ of certiorari against the Medical Assessment Panel constituted pursuant to s 93D(11) of the Workers' Compensation and Rehabilitation Act 1981 (WA) to quash its determination of his disability level. The Supreme Court of Western Australia granted an order nisi for a writ of certiorari, and the matter proceeded to a hearing on the return of the order nisi before Heenan J. The court considered the legal issues related to the method of assessment for disability, the obligation of the Medical Panel to provide reasons for its determination, and the role of the amicus curiae in the proceedings. The court concluded that the Medical Panel was not authorised to employ background levels of lung function used by the Sir Charles Gairdner Hospital in Perth rather than the background levels of lung function referred to in the USAMA Guide. Additionally, the Medical Panel was in error in failing to apply the USAMA Guide in its entirety by overlooking measured exercise capacity (VO2) and in failing to give the weight to the applicant's deteriorating condition. The court also held that the Medical Panel was obliged to give reasons for its determination. As a result, the order nisi for writ of certiorari was made absolute, and the determination of the Medical Panel was quashed.