Strbac v QBE Insurance (Australia) Limited [2010] NSWSC 602

Strbac v QBE Insurance (Australia) Limited [2010] NSWSC 602

There was no error of law on the face of the record or jurisdictional error in the determinations made by the AMS and the Appeal Panel. Both complied with statutory duties under the Workplace Injury Management and Workers Compensation Act 1998 and relevant guides. The application for judicial review must therefore fail.

Parties
Plaintiff: Bosko Strbac; First Defendant: QBE Insurance (Australia) Limited; Second Defendant: Dr Kalev Wilding (Approved Medical Specialist); Third Defendant: Medical Appeal Panel; Fourth Defendant: Registrar of the Workers Compensation Commission
Jurisdiction
Australia
Judgment Date
08 June 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Judicial Review, Assessment of Impairment, Jurisdictional Error, Procedural Fairness
Administrative Law Workers Compensation Judicial Review Assessment of Impairment Jurisdictional Error Procedural Fairness

Case Brief

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Parties

Bosko Strbac

Plaintiff

QBE Insurance (Australia) Limited

First Defendant

Dr Kalev Wilding (Approved Medical Specialist)

Second Defendant

Medical Appeal Panel

Third Defendant

Registrar of the Workers Compensation Commission

Fourth Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether there was error on the face of the record or jurisdictional error in AMS/Appeal Panel determinations
  2. 2 Whether AMS was under a duty to make further investigations
  3. 3 Whether Appeal Panel failed to conduct its own examination and affirm a decision that was no decision

Ratio Decidendi

There was no error of law on the face of the record or jurisdictional error in the determinations made by the AMS and the Appeal Panel. Both complied with statutory duties under the Workplace Injury Management and Workers Compensation Act 1998 and relevant guides. The application for judicial review must therefore fail.

Court Disposition

Application for judicial review dismissed

Orders

  • The application for judicial review fails.
  • The amended summons filed 12 October 2009 is dismissed.