Treverrow v Registrar, WCCC [2008] NSWSC 632

Treverrow v Registrar, WCCC [2008] NSWSC 632

The Registrar's delegate correctly refused leave to appeal because the Approved Medical Specialist assessed the referred left arm and left upper extremity injuries under the required assessment framework and found no permanent impairment attributable to the 10 October 2001 injury. The Medical Assessment Certificate did not show use of incorrect criteria or a demonstrable error, and the Approved Medical Specialist was assessing permanent impairment resulting from the injury rather than determining causation.

Jurisdiction
Australia
Judgment Date
25 June 2008
Procedural Posture
Judicial Review of Decision of Registrar, Workers Compensation Commission / Summons Filed 31 August 2007 Seeking to Quash the Registrar's Refusal to Allow an Appeal Against a Medical Assessment Certificate
Outcome
The plaintiff's summons dated 31 August 2007 was dismissed, and the plaintiff was ordered to pay the second defendant's costs as agreed or assessed.
Legal Topics
["review of Registrar's Decision" 'medical Assessment Certificate' 'appeal Against Medical Assessment' 'incorrect Criteria' 'demonstrable Error' 'permanent Impairment' 'table of Disabilities']
['administrative Law' 'workers Compensation'] ["review of Registrar's Decision" 'medical Assessment Certificate' 'appeal Against Medical Assessment' 'incorrect Criteria' 'demonstrable Error' 'permanent Impairment' 'table of Disabilities']

Case Brief

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Procedural Posture

Judicial Review of Decision of Registrar, Workers Compensation Commission / Summons Filed 31 August 2007 Seeking to Quash the Registrar's Refusal to Allow an Appeal Against a Medical Assessment Certificate

Legal Issues

  1. 1 ['Whether the Registrar erred in law by failing to consider whether the Medical Assessment Certificate complied with s 325 of the Workplace Injury Management and Workers Compensation Act 1998.' 'Whether the Approved Medical Specialist was required to assess the plaintiff on the basis that she suffered injury to her left arm as a frank injury or secondary to the compensatory effect of her right arm injury on 10 October 2001.' 'Whether the Medical Assessment Certificate was made on the basis of incorrect criteria.' 'Whether the Medical Assessment Certificate contained a demonstrable error.' 'Whether the Approved Medical Specialist impermissibly made a determination about causation rather than assessing permanent impairment.']

Ratio Decidendi

The Registrar's delegate correctly refused leave to appeal because the Approved Medical Specialist assessed the referred left arm and left upper extremity injuries under the required assessment framework and found no permanent impairment attributable to the 10 October 2001 injury. The Medical Assessment Certificate did not show use of incorrect criteria or a demonstrable error, and the Approved Medical Specialist was assessing permanent impairment resulting from the injury rather than determining causation.

Court Disposition

The plaintiff's summons dated 31 August 2007 was dismissed, and the plaintiff was ordered to pay the second defendant's costs as agreed or assessed.

Orders

  • ["The plaintiff's summons dated 31 August 2007 is dismissed." "The plaintiff is to pay the second defendant's costs as agreed or assessed."]