| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S CI 2018 01168
| SENSIS PTY LTD | Plaintiff |
| v | |
| SABRINA JONES | First Defendant |
| PROFESSOR PETER DISLER | Second Defendant |
| DR JULIAN FREIDIN | Third Defendant |
| DR RICHARD TRAVERS | Fourth Defendant |
| KEITH ELSNER | Fifth Defendant |
---
JUDGE: | Ginnane J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 7 September 2018 |
DATE OF JUDGMENT: | 6 December 2018 |
CASE MAY BE CITED AS: | Sensis Pty Ltd v Jones |
MEDIUM NEUTRAL CITATION: | [2018] VSC 754 |
---
JUDICIAL REVIEW — Medical Panel — Whether injury significant contributing factor to injury — Whether mandatory matters taken into account — Whether statutory test applied — Whether reasons adequate — Accident Compensation Act 1985 ss 5, 5(1B), 82.
---
APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr M Fleming QC with Ms S Gold | Wisewould Mahony |
| For the First Defendant | Ms J Forbes QC with Mr J Angenent | Henry Carus + Associates |
HIS HONOUR:
The plaintiff, Sensis Pty Ltd (‘Sensis’) seeks judicial review of a Medical Panel Opinion certified in writing and dated 13 February 2018 (‘Opinion’). The Panel comprised the second to fifth defendants, who adopted a Hardiman approach for this proceeding. The Panel’s Opinion determined the nature and cause of injuries sustained by the first defendant, Sabrina Jones, on 20 March 2013 in the course of her employment with Sensis.
Background
From September 2008, Ms Jones was employed by Sensis. She initially worked in a telemarketing role, but was promoted through various positions to become a senior account manager. Her duties were to work with specific clients on designing advertising campaigns, which involved visiting clients and speaking with them on the phone or via computers. She worked long hours of work at the computer typing with both hands, using a mouse, and referring to attached documents.
Ms Jones’ claim is that on 20 March 2013 she sustained an injury to her neck, back and left arm in the course of her employment with Sensis. She claimed that the injury occurred while she was sitting at her desk and typing at her computer. She twisted her neck and body to the left side of the desk to look at some notes and as she turned back to the computer she developed severe pain over the left scapula, so severe that she ‘screamed’ and ‘thought the shoulder blade had come out’.[1] This pain persisted despite receiving medical treatment. In her Worker’s Injury Claim Form she described the incident as:
Working at my desk typing and reached over to my notepad and felt a sharp pain in my arm and shortly after in my back and neck.
[1]Panel’s Reasons for Opinion, 4 (‘Reasons’); Court Book, 21 (‘CB’).
On 19 April 2013, Ms Jones lodged a claim for weekly payments and medical and like expenses pursuant to the Accident Compensation Act 1985 (‘the Act’). The claim was accepted by the authorised agent of the Victoria WorkCover Authority (‘Agent’) who acted for Sensis. Ms Jones received weekly compensation…
Continue reading Sensis Pty Ltd v Jones
Sign in free to access the full text
- AGLC
- Sensis Pty Ltd v Jones [2018] VSC 754
- Case
- [2018] VSC 754
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the Medical Panel had correctly identified and considered the significance of the specific injury in relation to the overall assessment, if the statutory requirements were properly applied, and if the panel provided adequate reasons for their decision. It was also necessary to determine if the panel had failed to consider relevant matters that were mandatory under the Act.
In delivering the judgment, the Court found that the Medical Panel had indeed failed to adequately address the significance of the specific injury in relation to the overall assessment. The panel also did not properly apply the statutory test and neglected to take into account certain mandatory matters. Furthermore, the reasons provided by the panel were insufficient. Consequently, the Court allowed the application for judicial review and quashed the decision of the Medical Panel.
The Court ordered the matter be remitted back to the Medical Panel for re-determination, ensuring all statutory requirements are complied with and all relevant considerations are properly addressed. The panel was directed to provide detailed and adequate reasons for their decision in line with the statutory provisions.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.