SUPREME COURT OF QUEENSLAND
CITATION:
Zecevic v Simon Blackwood (Workers' Compensation Regulator) & Anor [2015] QSC 232
PARTIES:
IVICA ZECEVIC
(applicant)
v
SIMON BLACKWOOD (WORKERS’ COMPENSATION REGULATOR)(first respondent)
THE GENERAL MEDICAL ASSESSMENT TRIBUNAL(second respondent)
FILE NO/S:
SC No 10239 of 2014
DIVISION:
Trial Division
PROCEEDING:
Application for Judicial Review
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
17 August 2015
DELIVERED AT:
Brisbane
HEARING DATE:
12 May 2015
JUDGE:
Philip McMurdo J
ORDER:
Originating Application is dismissed.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS – where the applicant sought judicial review of the General Medical Assessment Tribunal’s decision that the applicant’s scleroderma was not a consequence of his employment – where the applicant failed to establish the ground of review under s 20(2)(f) of the Judicial Review Act as he failed to establish an absence of evidence or other material to justify the Tribunal’s decision – where the ground under s 20(2)(h) was not established as the court could not be satisfied of the non-existence of a fact the Tribunal may have based their finding upon – whether the Tribunal erred in law by not answering the question referred to it, by considering whether the applicant had as a scientific question, proven the fact of a causal connection between his exposure and onset of scleroderma, rather than asking whether such a connection was established on the balance of probabilities – whether the Tribunal should have referred the matter back to the insurer because it involved a non-medical matter under s 514 of the Workers’ Compensation and Rehabilitation Act – where absence of a known aetiology did not mean the Tribunal’s decision related to non-medical matters or was made beyond its role as the decision maker
Judicial Review Act 1991 (Qld), s 20(2)(f), s 20(2)(h), s 24
Workers’ Compensation and Rehabilitation Act 2003 (Qld)CSR Ltd v General Medical Assessment Tribunal - Thoracic & Anor [2010] QSC 321, considered
Fernandez v Tubemakers of Australia Ltd [1975] 2 NSWLR 190, considered
York v The General Medical Assessment Tribunal & Anor [2002] QCA 519, citedCOUNSEL:
B F Charrington for the applicant
S A McLeod for the first respondent
No appearance for the second respondent
SOLICITORS:
Bennett & Philp for the applicant
Crown Law for the first respondent
No appearance for the second respondent
The applicant, Mr Zecevic, suffers from an autoimmune disorder called diffuse scleroderma. It is a rare condition occurring, according to some studies, in about 10 cases per million of population. It commonly results, as it has for the applicant, in abnormalities in the lungs, heart and gastrointestinal tract. There is no known cure for the condition.
The applicant claims that his scleroderma was the result of his work as a tiler and a tiler’s labourer from 1995 until 2008 and he wishes to claim damages against his former employer. To that end, on 22 October 2012 he lodged a Notice of Claim for Damages with…
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- Case
- [2015] QSC 232
- Decision Date
CaseChat Overview and Summary
The court examined the evidence before the Tribunal, which included the applicant's work history and the professional opinions provided. The Tribunal noted that the applicant's exposure to silica dust was at a low level and that the latent period between exposure and diagnosis was shorter than the median reported in the literature. The court found that the Tribunal's decision was supported by evidence and that the Tribunal had correctly considered the applicant's exposure and the aetiology of scleroderma. The court held that the Tribunal did not err in law and that the absence of a known aetiology did not mean the Tribunal’s decision related to non-medical matters or was made beyond its role as the decision maker.
The court dismissed the originating application, affirming the Tribunal's decision that the applicant's scleroderma was not a consequence of his employment. The reasoning was grounded in the evidence presented and the Tribunal's assessment of the factors contributing to the applicant's condition. The court concluded that the Tribunal had properly exercised its discretion and that the decision was not flawed on the grounds presented by the applicant.
Orders
Orders of the court
Originating Application is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.