Zanardo v Tolevski

In *Zanardo v Tolevski*, the dispute concerned whether a referral to an Approved Medical Specialist (AMS) was mandatory before a dispute regarding proposed treatment could be determined under the *Workers Compensation Act 1987* (NSW). The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court was the proper construction of section 60(5) of the *Workers Compensation Act 1987*. This provision dictates the process for resolving disputes concerning proposed treatment, and the central question was whether it mandated a referral to an AMS in all such circumstances, or if such a referral was only required in specific situations.

The Court determined that there was no basis to depart from the ordinary grammatical meaning of section 60(5). The Court reasoned that the language of the provision did not compel a referral to an AMS in every dispute over proposed treatment. Consequently, the appeal was dismissed.

Leave to appeal was granted, and the draft notice of appeal was permitted to stand as the formal notice. The appellant was ordered to pay the filing fee within seven days, with all further requirements for filing and service dispensed with. The appeal itself was dismissed with costs.