Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Stolzenberg v Workers Compensation Nominal Insurer [2025] NSWCA 40 Hearing dates: 28 February 2025 Date of orders: 17 March 2025 Decision date: 17 March 2025 Before: Stern JA at [1];
Griffiths AJA at [102];
Price AJA at [115]Decision: (1) Amended summons filed 14 October 2024 is dismissed.
Catchwords: WORKERS COMPENSATION — medical assessment — medical assessment certificate — assessment of permanent impairment — whether Medical Assessor fabricated evidence or made factual errors resulting in jurisdictional error
WORKERS COMPENSATION — medical assessment — medical assessment certificate — assessment of permanent impairment — whether Medical Assessor failed to apply [1.32] of the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment resulting in an error of law on the face of the record
WORKERS COMPENSATION — medical assessment — medical assessment certificate — assessment of permanent impairment — whether Medical Assessor adopted wrong criteria in NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment resulting in jurisdictional error or error of law on the face of the record
WORKERS COMPENSATION — medical assessment — medical assessment certificate — assessment of permanent impairment — whether Medical Assessor had conflict of interest or decision was affected by actual or apprehended bias or he abused his power such that the assessment suffers from jurisdictional error
WORKERS COMPENSATION — medical assessment — medical assessment certificate —decision of delegate of President of Personal Injury Commission not to allow appeal to proceed to Medical Appeal Panel — whether limited time to submit application to appeal constituted denial of procedural fairness — whether decision was open to delegate
WORKERS COMPENSATION — medical assessment — certificate of determination — whether certificate of determination tainted by jurisdictional error or error of law on face of the record in decision of delegate of President of Personal Injury Commission not to allow appeal to proceed to Medical Appeal Panel
Legislation Cited: Independent Commission against Corruption Act 1988 (NSW), s 8
Personal Injury Commission Act 2020 (NSW), ss 3, 16, 18, 33, 58
Personal Injury Commission Regulation 2020 (NSW), reg 6
Personal Injury Commission Rules 2021, r 108
Privacy and Personal Information Protection Act 1998 (NSW), s 59D
Supreme Court Act 1970 (NSW), ss 51, 69
Uniform Civil Procedure Rules 2005 (NSW), r 59.10
Workers Compensation Act 1987 (NSW), ss 15, 65A, 151H
Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 35, 294, 321, 322, 326, 327, 329
Cases Cited: AB v Director of Public Prosecutions [2016] NSWCA 73
Application of the Presumption of Regularity (1974) 48 ALJ 118
Ballas v Department of Education (State of NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86
Berejiklian v Independent Commission Against Corruption [2024] NSWCA 177
Bilgin v Minister for Immigration and Multicultural Affairs (1997) 149 ALR 281
Bojko v ICM Property Service Pty Ltd [2009] NSWCA 175
Bunnings Group Ltd v Hicks [2008] NSWSC 874
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- Case
- [2025] NSWCA 40
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine whether the Medical Assessor's assessment of permanent impairment was vitiated by jurisdictional error or an error of law on the face of the record, based on the applicant's allegations of fabricated evidence, factual errors, misapplication of the Guidelines, adoption of wrong criteria, or bias. Additionally, the Court had to consider whether the delegate's decision to refuse the appeal to the Medical Appeal Panel constituted a denial of procedural fairness or an error of law, and whether that decision was legally open to the delegate.
The Court of Appeal dismissed the applicant's amended summons. The reasoning, though not detailed in the provided text, would have involved an analysis of the evidence presented in relation to the Medical Assessor's conduct and the application of the relevant Workers Compensation legislation and Guidelines. The Court would have assessed whether the alleged errors amounted to jurisdictional error or an error of law on the face of the record, and whether the procedural fairness requirements were met in the delegate's decision. The final orders reflect the Court's determination that the applicant's challenges were unsuccessful.
Orders
Orders of the court
(1) Amended summons filed 14 October 2024 is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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