Cincotta v Police Citizens Youth Clubs NSW Ltd & Ors [2018] NSWSC 1588

Cincotta v Police Citizens Youth Clubs NSW Ltd & Ors [2018] NSWSC 1588

The AMS and Appeal Panel correctly discharged their statutory task by assessing the degree of permanent impairment resulting from the injury and considering causation, as required under the relevant legislative provisions; no jurisdictional error or misdirection was disclosed.

Parties
Plaintiff: Anthony Cincotta; First Defendant: Police Citizens Youth Clubs NSW Ltd; Second Defendant: Workers Compensation Commission of NSW; Third Defendant: The Medical Appeal Panel of the Workers Compensation Commission of NSW constituted by Arbitrator Deborah Moore and Approved Medical Specialists, Dr Mark Burns and Dr Michael Fearnside; Fourth Defendant: Approved Medical Specialist, Dr Mohammed Assem
Jurisdiction
Australia
Judgment Date
23 October 2018
Procedural Posture
Judicial Review – Summons / Final Judgment
Outcome
Summons dismissed.
Legal Topics
Medical Assessment Certificate, Jurisdictional Error, Appeal Panel Function, Permanent Impairment, Causation of Injury
Workers Compensation Administrative Law Medical Assessment Certificate Jurisdictional Error Appeal Panel Function Permanent Impairment Causation of Injury

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Parties

Anthony Cincotta

Plaintiff

Police Citizens Youth Clubs NSW Ltd

First Defendant

Workers Compensation Commission of NSW

Second Defendant

The Medical Appeal Panel of the Workers Compensation Commission of NSW constituted by Arbitrator Deborah Moore and Approved Medical Specialists, Dr Mark Burns and Dr Michael Fearnside

Third Defendant

Approved Medical Specialist, Dr Mohammed Assem

Fourth Defendant

Procedural Posture

Judicial Review – Summons / Final Judgment

Legal Issues

  1. 1 Whether error was made in the Medical Assessment Certificate (MAC)
  2. 2 Whether the Medical Appeal Panel asked itself the wrong question
  3. 3 Whether the Appeal Panel acted beyond jurisdiction

Ratio Decidendi

The AMS and Appeal Panel correctly discharged their statutory task by assessing the degree of permanent impairment resulting from the injury and considering causation, as required under the relevant legislative provisions; no jurisdictional error or misdirection was disclosed.

Court Disposition

Summons dismissed.

Orders

  • The Summons be dismissed.