Skates v Hills Industries Ltd [2020] NSWSC 837

Skates v Hills Industries Ltd [2020] NSWSC 837

The Appeal Panel erred in law by failing to give effect to a conceded omission in the referral—that the left wrist ought to have been included—which required the panel to assess the whole person impairment by reference to the left wrist as well as the ring finger and scarring. While the AMS had exceeded his remit by assessing further body parts, the Appeal Panel’s failure to address the agreed inclusion of the left wrist was an error of law, justifying setting aside the decision and remitting the matter to the Registrar.

Jurisdiction
Australia
Judgment Date
30 June 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Appeal allowed; decision of the Appeal Panel set aside and matter remitted to Registrar
Legal Topics
['judicial Review' 'medical Assessment' 'permanent Impairment' 'referral to Approved Medical Specialist' 'appeal Panel Jurisdiction' 'error of Law']
['administrative Law' 'workers Compensation'] ['judicial Review' 'medical Assessment' 'permanent Impairment' 'referral to Approved Medical Specialist' 'appeal Panel Jurisdiction' 'error of Law']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Appeal Panel erred in confining assessment to only body parts referred and excluding left wrist despite concession that it ought to have been assessed' 'Scope of Approved Medical Specialist’s assessment under the wording of the referral' 'Whether omission of the left wrist from the assessment constitutes an error of law on the face of the record']

Ratio Decidendi

The Appeal Panel erred in law by failing to give effect to a conceded omission in the referral—that the left wrist ought to have been included—which required the panel to assess the whole person impairment by reference to the left wrist as well as the ring finger and scarring. While the AMS had exceeded his remit by assessing further body parts, the Appeal Panel’s failure to address the agreed inclusion of the left wrist was an error of law, justifying setting aside the decision and remitting the matter to the Registrar.

Court Disposition

Appeal allowed; decision of the Appeal Panel set aside and matter remitted to Registrar

Orders

  • ['Set aside the decision of the second defendant made on 27 September 2019.' 'Remit the matter to the fourth defendant to be determined in accordance with law.' 'Dismiss the cross-summons.' "Order the first defendant to pay the plaintiff's costs of the proceedings." 'Order the parties to bear their own costs of the...