Field-Whittaker v Thomas & Naaz Pty Ltd [2022] NSWSC 666

Field-Whittaker v Thomas & Naaz Pty Ltd [2022] NSWSC 666

The Appeal Panel made errors of law on the face of the record and jurisdictional errors. It wrongly applied s 327(5) of the WIM Act when considering additional evidence relied on under s 327(3)(a) or s 327(3)(b), misunderstood the relevance of Petrovic to the plaintiff's updating evidence of deterioration, and misapplied the PIRS by taking into account parenting, homemaking and daily activities under concentration, persistence and pace and employability when those activities were properly matters of social functioning. Those errors required the Appeal Panel decisions to be set aside and the matter remitted.

Jurisdiction
Australia
Judgment Date
25 May 2022
Procedural Posture
Administrative Law Judicial Review of a Medical Appeal Panel Decision of the Personal Injury Commission of New South Wales / Principal Judgment on Amended Summons Seeking Relief Under S 69 of the Supreme Court Act 1970 (nsw)
Outcome
The plaintiff succeeded; the Appeal Panel decisions dated 28 May 2021 and 15 April 2021 were set aside and the matter was remitted for determination according to law.
Legal Topics
['judicial Review' 'medical Assessment Certificate' 'permanent Impairment' 'additional Relevant Information' 'psychiatric Impairment Rating Scale' 'jurisdictional Error' 'error of Law on the Face of the Record']
['administrative Law' 'workers Compensation'] ['judicial Review' 'medical Assessment Certificate' 'permanent Impairment' 'additional Relevant Information' 'psychiatric Impairment Rating Scale' 'jurisdictional Error' 'error of Law on the Face of the Record']

Case Brief

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Procedural Posture

Administrative Law Judicial Review of a Medical Appeal Panel Decision of the Personal Injury Commission of New South Wales / Principal Judgment on Amended Summons Seeking Relief Under S 69 of the Supreme Court Act 1970 (nsw)

Legal Issues

  1. 1 ["Whether the Appeal Panel erred in rejecting the plaintiff's additional evidence and rejecting the appeal ground based on additional relevant information or deterioration." "Whether the Appeal Panel wrongly applied s 327(5) of the Workplace Injury Management and Worker's Compensation Act 1998 (NSW) to evidence relied on under s 327(3)(a) or s 327(3)(b)." 'Whether the Appeal Panel misapplied the Psychiatric Impairment Rating Scale by relying on parenting, homemaking and daily activities when assessing concentration, persistence and pace and employability.' "Whether the Appeal Panel's treatment of the employability category involved apprehended bias."]

Ratio Decidendi

The Appeal Panel made errors of law on the face of the record and jurisdictional errors. It wrongly applied s 327(5) of the WIM Act when considering additional evidence relied on under s 327(3)(a) or s 327(3)(b), misunderstood the relevance of Petrovic to the plaintiff's updating evidence of deterioration, and misapplied the PIRS by taking into account parenting, homemaking and daily activities under concentration, persistence and pace and employability when those activities were properly matters of social functioning. Those errors required the Appeal Panel decisions to be set aside and the matter remitted.

Court Disposition

The plaintiff succeeded; the Appeal Panel decisions dated 28 May 2021 and 15 April 2021 were set aside and the matter was remitted for determination according to law.

Orders

  • ['The decisions of the Appeal Panel dated 28 May 2021 and 15 April 2021 are set aside.' 'The matter is to be remitted to the President of the Personal Injury Commission to be determined according to law.' "The first defendant is to pay the plaintiff's costs."]