Supreme Court
New South Wales
Medium Neutral Citation: Roads and Maritime Services v Rodger Wilson [2016] NSWSC 1499 Hearing dates: 14 October 2016 Date of orders: 14 October 2016 Decision date: 14 October 2016 Jurisdiction: Common Law - Administrative Law Before: Fagan J Decision: 1. Declare pursuant to s 69 of the Supreme Court Act (NSW) that the Medical Assessment Certificate and statement of reasons for decision of the third defendant issued on 8 April 2016 are void and of no effect.
2. The medical dispute is remitted to the Workers Compensation Commission of New South Wales for referral to a Medical Appeal Panel pursuant to s 328(1) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) to determine the appeal from the Medical Assessment Certificate of Dr Tim Anderson issued 9 November 2015, according to law.
3. The first defendant is to pay the plaintiff's costs of these proceedings.Catchwords: JUDICIAL REVIEW – workers’ compensation – appeal against decision of Appeal Panel – Appeal Panel set aside Medical Assessment Certificate of approved medical specialist – scope of Appeal Panel to re-assess whole person impairment – whether jurisdiction of Appeal Panel to reissue a Medical Assessment Certificate is limited to only those portions of assessment which were disputed on appeal – distinction between decision to revoke and decision to issue a new certificate – Workplace Injury Management and Workers Compensation Act 1988 (NSW), ss 287, 278 Legislation Cited: Supreme Court Act 1970 (NSW)
Workers Compensation Commission Act 1987 (NSW)
Workplace Injury Management and Workers Compensation Act 1998 (NSW)Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284
Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053
New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792Category: Principal judgment Parties: Roads and Maritime Services (plaintiff)
Rodger Wilson (1st defendant)Representation: Counsel:
Solicitors:
Ms Eraine Grotte (plaintiff)
No appearance (1st defendant)
Lea Armstrong, Crown Solicitors Office
File Number(s): 2016/154176
Judgment
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This is a claim by the plaintiff, as employer, for judicial review of a decision of an Appeal Panel made under s 328 of the Workplace Injury Management and Workers Compensation Act1998 (NSW) (“the 1998 Act”). The first defendant, Mr Wilson, took no part in the hearing of the plaintiff’s summons and consequently the Court has not had the benefit of a contradictor of the plaintiff’s submissions. The Workers Compensation Commission and the members of the Appeal Panel are second and third defendants respectively. They filed submitting appearances.
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Mr Wilson injured his right ankle on 16 May 2008 when he stepped out of the cab of a tow truck on Sydney Harbour Bridge. His right foot landed on a raised lane marker of a type known as a "cat’s eye". This caused an inversion injury to the ankle. “Inversion" describes the rotation of the sole of his foot towards the midline of his body and the top or instep of the…
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- Case
- [2016] NSWSC 1499
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the extent of the Appeal Panel's authority in reissuing a Medical Assessment Certificate. The court had to determine whether the Panel's jurisdiction to reissue the certificate was confined to the disputed aspects of the original assessment or if it could extend to the entire assessment. The distinction between the decision to revoke and the decision to issue a new certificate was also crucial, as it could impact the Panel's ability to make comprehensive re-assessments. The interpretation of sections 287 and 278 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) was key to resolving this issue.
The court found that the Appeal Panel had the authority to re-assess the whole person impairment and to issue a new Medical Assessment Certificate. The court clarified that the distinction between revoking and issuing a new certificate did not limit the Panel's jurisdiction to only the disputed portions of the original assessment. The appeal was dismissed on the basis that the Panel had acted within its jurisdiction under the relevant statutory provisions. This decision affirmed the broad scope of the Panel’s authority in re-assessments and reissuing certificates, ensuring that the Panel can comprehensively review the entire assessment when necessary.
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