Maricic v Registrar, Workers Compensation Commission [2009] NSWSC 925

Maricic v Registrar, Workers Compensation Commission [2009] NSWSC 925

Members of the Appeal Panel are not obliged to provide their medical examination findings to the parties. Dr Burns, as a panel member, was not a witness but a decision maker, and there was no denial of procedural fairness in withholding the oral report. The legislative scheme and binding authorities do not require that such examination findings be provided to parties for comment.

Parties
Plaintiff: Biserka Maricic; First Defendant: Registrar of the Workers Compensation Commission; Second Defendant: Medical Appeal Panel of the Workers Compensation Commission; Third Defendant: Lynch Manufacturing NSW Pty Ltd
Jurisdiction
Australia
Judgment Date
08 September 2009
Procedural Posture
Judicial Review / Administrative Law Application / Supreme Court Judgment
Outcome
Plaintiff's summons dismissed.
Legal Topics
Procedural Fairness, Medical Assessment Appeals, Workers' Compensation Appeal Procedure
Administrative Law Workers Compensation Procedural Fairness Medical Assessment Appeals Workers' Compensation Appeal Procedure

Case Brief

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Parties

Biserka Maricic

Plaintiff

Registrar of the Workers Compensation Commission

First Defendant

Medical Appeal Panel of the Workers Compensation Commission

Second Defendant

Lynch Manufacturing NSW Pty Ltd

Third Defendant

Procedural Posture

Judicial Review / Administrative Law Application / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Appeal Panel denied the plaintiff procedural fairness by not providing the report of the Appeal Panel member's medical examination
  2. 2 Whether the Appeal Panel was required to provide the parties with the oral report/findings of Dr Burns prior to determining the medical assessment appeal

Ratio Decidendi

Members of the Appeal Panel are not obliged to provide their medical examination findings to the parties. Dr Burns, as a panel member, was not a witness but a decision maker, and there was no denial of procedural fairness in withholding the oral report. The legislative scheme and binding authorities do not require that such examination findings be provided to parties for comment.

Court Disposition

Plaintiff's summons dismissed.

Orders

  • The summons filed 15 August 2008 is dismissed.
  • The plaintiff is to pay the third defendant's costs as agreed or assessed.