| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
JUDICIAL REVIEW AND APPEALS LIST
S CI 2017 03642
| ST LUKE’S ANGLICARE | Plaintiff |
| v | |
| DR DENNIS HANDRINOS | First Defendant |
| and | |
| DR PETER MILLINGTON | Second Defendant |
| and | |
| MICHELE ANNE NICHOLAS | Third Defendant |
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JUDGE: | Richards J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 15 June 2018 |
DATE OF JUDGMENT: | 28 June 2018 |
CASE MAY BE CITED AS: | St Luke’s Anglicare v Handrinos |
MEDIUM NEUTRAL CITATION: | [2018] VSC 356 |
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ADMINISTRATIVE LAW – Judicial review – Opinion of a Medical Panel – Assessment of degree of permanent psychiatric impairment – Unrelated injuries or causes – Whether jurisdictional error – Whether statement of reasons adequate – Proceeding dismissed – Accident Compensation Act 1985 ss 91, 98C – Workplace Injury Rehabilitation and Compensation Act 2013 s 313.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr M Fleming QC with Ms S Gold | Hall & Wilcox |
| For the Third Defendant | Ms J Forbes QC with Mr P Czarnota | Shine Lawyers |
HER HONOUR:
Michele Nicholas, the third defendant in this proceeding, was employed by the plaintiff, St Luke’s Anglicare (St Luke’s) as a residential support worker from 2007. On 16 May 2010 a 13 year old boy in her care threatened her with a Molotov cocktail. He said that he was going to light it and blow her up. Although she was only a little shaken up at first, over time Ms Nicholas realised the seriousness of the threat. She took six months off work. After her return to work she endured some further incidents, including one resident threatening to pour boiling oil over her, and being assaulted with an iron bar.[1]
[1]This factual summary is drawn from the reasons for opinion of the Medical Panel dated 11 July 2017.
This judicial review proceeding concerns the assessment by a Medical Panel of the degree of psychiatric impairment suffered by Ms Nicholas as a result of these incidents. Ms Nicholas has been diagnosed with chronic post-traumatic stress disorder related to her employment with St Luke’s.
The Medical Panel, constituted by the first and second defendants (the Panel), assessed Ms Nicholas to have a 35% psychiatric impairment directly related to her work for St Luke’s. St Luke’s contends that the Panel’s opinion involved legal error, and seeks orders quashing the opinion and remitting the matter for reconsideration by a differently constituted Medical Panel.
For the reasons that follow I am not persuaded that the Panel’s opinion involved any jurisdictional error or other error of law.
Factual background
It was common ground that Ms Nicholas ceased working for St Luke’s in July 2011. She made a workers compensation claim in 2011, which was accepted. In July 2015 she made a separate claim for payment of a lump sum impairment benefit under s 98C of the Accident Compensation Act 1985 (ACA).
In January 2017 Ms Nicholas was assessed by Dr Stephen Stern, a psychiatrist and independent medical examiner engaged by St Luke’s claims…
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- Case
- [2018] VSC 356
- Decision Date
CaseChat Overview and Summary
The central legal issues involved whether the Panel erred in considering unrelated injuries or causes when assessing Handrinos's psychiatric impairment. The court also examined whether the Panel provided sufficient reasons for its decision, which is required under the legislation. The challenge was whether the Panel's assessment process complied with the statutory provisions and whether the reasons given were enough to justify the outcome.
The court found that the Panel had not made a jurisdictional error in its assessment of the psychiatric impairment. It held that the Panel appropriately considered all relevant factors, including the unrelated injuries, in making its decision. The court further determined that the reasons provided by the Panel were adequate and met the statutory requirements. Consequently, the court dismissed the application for judicial review, holding that the Panel's decision was lawful and properly reasoned.
Orders
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Evidence
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Decision
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