Tattersall v Registrar of the Workers Compensation Commission of NSW and Anor [2007] NSWSC 453

Tattersall v Registrar of the Workers Compensation Commission of NSW and Anor [2007] NSWSC 453

The Registrar committed an error of law on the face of the record by failing to consider the plaintiff's ground of appeal that the Approved Medical Specialist had not considered Mr Baddeley's report. The Medical Assessment Certificate's list of documentary evidence did not include that report, and the certificate...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 May 2007
Procedural Posture
Administrative Law Judicial Review Under S69 of the Supreme Court Act 1970 / Judgment on Challenge to the Registrar's Decision Not to Refer an Appeal From an Approved Medical Specialist to a Medical Appeal Panel
Outcome
The plaintiff succeeded; the Registrar's decision was set aside and the appeal was ordered to be referred to a Medical Appeal Panel.
Legal Topics
['judicial Review' 'jurisdictional Error' 'error of Law on the Face of the Record' 'workers Compensation Medical Assessment' 'appeal From Approved Medical Specialist' 'natural Justice']
['administrative Law' 'workers Compensation'] ['judicial Review' 'jurisdictional Error' 'error of Law on the Face of the Record' 'workers Compensation Medical Assessment' 'appeal From Approved Medical Specialist' 'natural Justice']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Administrative Law Judicial Review Under S69 of the Supreme Court Act 1970 / Judgment on Challenge to the Registrar's Decision Not to Refer an Appeal From an Approved Medical Specialist to a Medical Appeal Panel

Legal Issues

  1. 1 ['Whether the Registrar erred by failing to consider the ground that the Approved Medical Specialist failed to consider the report of psychologist Mark Baddeley dated 12 July 2004.' "Whether the Approved Medical Specialist's apparent failure to receive or consider relevant and significant material amounted to a demonstrable error under s327(3)(d) of the Workplace Injuries Management and Workers Compensation Act 1988." "Whether the Registrar's implicit conclusion that the Approved Medical Specialist received and considered the report was illogical, irrational or unsupported by logical findings or inferences of fact." "Whether the plaintiff's appeal to a Medical Appeal Panel should have been permitted to proceed under s327(4) of the Workplace Injuries Management and Workers Compensation Act 1988."]

Ratio Decidendi

The Registrar committed an error of law on the face of the record by failing to consider the plaintiff's ground of appeal that the Approved Medical Specialist had not considered Mr Baddeley's report. The Medical Assessment Certificate's list of documentary evidence did not include that report, and the certificate otherwise made it inescapable, or at least fairly arguable, that the report was not received or considered. Given the significance of the report and the low threshold imposed by s327(4), the Registrar should have referred the appeal to a Medical Appeal Panel.

Court Disposition

The plaintiff succeeded; the Registrar's decision was set aside and the appeal was ordered to be referred to a Medical Appeal Panel.

Orders

  • ['The decision of the first defendant of 17 February 2006 in proceedings between the plaintiff and the second defendant in matter number WCC 10648 of 2005 is set aside.' 'The first defendant shall refer the application to appeal the decision of the Approved Medical Specialist to a Medical Appeal Panel pursuant to...