Secretary, Department of Planning and Environment v Lyons

The case of Secretary, Department of Planning and Environment v Lyons was heard by the Industrial Relations Commission of New South Wales. The respondent, Mr Lyons, was seeking workers' compensation for a surgery he required due to an injury sustained at work. The Secretary, Department of Planning and Environment, the appellant, challenged the decision of the Commission Member who had approved Mr Lyons' claim for surgery. The legal issues in this case revolved around whether the Commission Member had erred in law by allowing more than the permitted number of medical reports, and whether the approval of Mr Lyons' claim for surgery was supported by the evidence.

The court considered the provisions of clause 44 of the Workers Compensation Regulation 2016, which restricts the number of medical reports that can be submitted in workers' compensation proceedings. The court found that the Member had allowed an additional medical report from Dr Endrey-Walder, which was not permitted. The court also considered the evidence of Mr Lyons and three doctors, Dr Harper, Dr Endrey-Walder, and Dr Soo, who were of the opinion that the injury sustained by Mr Lyons was a material factor in his need for surgery. The court found that the opinion of Dr Endrey-Walder had been considered, weighed, and played a role in the result. The court held that the Member's failure to provide procedural fairness to the parties in relation to Dr Endrey-Walder's opinion, and the use of that opinion in contravention of clause 44 of the 2016 Regulation, was a material error of law.

Accordingly, the appeal was upheld, the Certificate of Determination dated 20 June 2023 was revoked, and the matter was remitted to the Commission for redetermination. Upon redetermination, the following order was made: the respondent worker was awarded for the costs of and associated with the right shoulder arthroscopy and open latarjet stabilisation with coracoid bone transfer surgery as recommended by Dr Wade Harper, pursuant to section 60 of the Workers Compensation Act 1987.