Sawaneh v Flintwood Disability Services Ltd

The applicant, Mr Sawaneh, sought judicial review of a decision made by a medical appeal panel under the *Workplace Injury Management and Workers Compensation Act 1998* (NSW). The dispute concerned the panel's revocation of a medical assessor's assessment of Mr Sawaneh's whole person impairment. The primary judge had found no jurisdictional error or denial of procedural fairness in the appeal panel's decision.

The legal issues before the Court of Appeal were whether the primary judge erred in finding that the medical appeal panel had not committed jurisdictional error, and whether the primary judge erred in finding that the panel had not denied Mr Sawaneh procedural fairness. Central to these issues was the panel's power to revoke a medical assessor's certificate and issue a new one, particularly in circumstances where the original assessment did not refer to evidence of a previous injury, and the panel's subsequent deduction for that previous injury pursuant to s 323 of the Act.

The Court of Appeal held that the medical appeal panel had the power to revoke the original assessment and issue a new certificate. It reasoned that the panel was not bound by the limitations of the original medical assessor and was entitled to consider all relevant evidence, including evidence of previous injuries, when making its own assessment of whole person impairment. The court found that the panel had acted within its jurisdictional powers and had afforded Mr Sawaneh procedural fairness by providing him with an opportunity to be heard and to make submissions.

Leave to appeal was granted, but the appeal itself was dismissed. Mr Sawaneh was ordered to pay the first respondent's costs of the appeal.