Skates v Hills Industries Ltd

The applicant, Skates, appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning a workers compensation matter. The dispute centred on the assessment of permanent impairment by an approved medical officer, specifically whether the officer was restricted to assessing only those body parts and systems identified by the Registrar in the referral form.

The central legal issue before the Court of Appeal was the scope of an approved medical officer's power when assessing a medical dispute under the relevant workers compensation legislation. The court was required to determine whether the referral form prescribed by the Registrar limited the approved medical officer's jurisdiction to the specific impairments listed, or if the officer could consider and assess other impairments that arose from the injury.

The Court of Appeal, in its reasoning, clarified that the purpose of the referral to an approved medical officer is to resolve a "medical dispute". It was held that the Registrar's referral form serves to identify the *existence* of a dispute and the *nature* of the injury, but it does not confine the approved medical officer's assessment to only those specific body parts or systems listed. The officer's role is to assess the *degree* of permanent impairment resulting from the injury, and in doing so, they are entitled to consider all relevant impairments that arise from the injury, even if not explicitly itemised on the referral form. The court found that the primary judge had erred in limiting the scope of the approved medical officer's assessment.

Consequently, the Court of Appeal made orders remitting the proceedings to the President of the Personal Injury Commission of New South Wales to be determined according to law.