State of Victoria v Jerak

In the case of State of Victoria versus Jerak, the dispute arose from an assessment of the applicant’s impairment and loss of visual field following a workplace injury. The applicant, Jerak, challenged the decision of the workers compensation medical panel that assessed a 55% whole person impairment and a 38% loss of visual field to the left eye. This assessment was in stark contrast to previous evaluations which found Jerak’s left visual field to be normal. The matter was brought before the court for judicial review, questioning the fairness of the process and the adherence to the relevant guidelines.

The court had to determine whether the medical panel acted fairly and whether it adhered to the guidelines set out in the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and the American Medical Association Guides to the Evaluation of Permanent Impairment (Fourth Edition). Central to the case was the panel's handling of widely varying test results from the panel itself, an independent medical examiner, and Jerak’s treating specialist. The court also examined whether the panel adequately explained and justified the discrepancy in the results.

The court found that the medical panel failed to provide procedural fairness by not adequately addressing the discrepancies in test results. It was noted that the panel did not sufficiently reconcile the varying findings and did not act in accordance with the AMA Guides. Consequently, the panel’s decision was quashed, and the matter was remitted to a differently constituted panel for reassessment. The court emphasised the importance of procedural fairness and adherence to statutory guidelines in medical assessments for workers compensation claims.

The final orders included quashing the original decision of the medical panel and remitting the matter to a newly constituted panel for reassessment. The court made clear that the new panel must properly address the discrepancies in the test results and act in accordance with the statutory guidelines to ensure a fair and just outcome.