Middleton v Hyett t/as Phoenix Rising Cafe [2024] NSWSC 1201

Middleton v Hyett t/as Phoenix Rising Cafe [2024] NSWSC 1201

The medical dispute and the formal referral limited the assessment to the right thumb, right wrist, and right elbow, with CRPS to be assessed only if diagnostic criteria were satisfied. The Appeal Panel did not misunderstand or wrongly confine the scope; right shoulder and peripheral nerve injuries were not included in the claim or supporting evidence. The Panel's approach was consistent with statute, Guidelines, and recent authority. No jurisdictional error or error of law on the face of the record was established.

Parties
Plaintiff: Cecily Maria Middleton; First Defendant: David Hyett t/as Phoenix Rising Cafe ABN 74849413953; Second Defendant: President of the Personal Injury Commission of New South Wales; Third Defendant: Deborah Moore, Mark Burns, Neil Berry as an Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Jurisdiction
Australia
Judgment Date
25 September 2024
Procedural Posture
Judicial Review of Administrative Decision / Final Judgment at First Instance
Outcome
Application dismissed with costs
Legal Topics
Medical Assessment Referral, Permanent Impairment, Scope of Medical Dispute, Judicial Review, Appeal Panel Procedures
Workers Compensation Medical Assessment Referral Permanent Impairment Scope of Medical Dispute Judicial Review Appeal Panel Procedures

Case Brief

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Parties

Cecily Maria Middleton

Plaintiff

David Hyett t/as Phoenix Rising Cafe ABN 74849413953

First Defendant

President of the Personal Injury Commission of New South Wales

Second Defendant

Deborah Moore, Mark Burns, Neil Berry as an Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Third Defendant

Procedural Posture

Judicial Review of Administrative Decision / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the Appeal Panel erred in understanding the scope of the medical dispute regarding included injuries (right shoulder, peripheral nerves) in the permanent impairment claim
  2. 2 Whether the Appeal Panel constructively failed to exercise jurisdiction by not including right shoulder and peripheral nerve injuries

Ratio Decidendi

The medical dispute and the formal referral limited the assessment to the right thumb, right wrist, and right elbow, with CRPS to be assessed only if diagnostic criteria were satisfied. The Appeal Panel did not misunderstand or wrongly confine the scope; right shoulder and peripheral nerve injuries were not included in the claim or supporting evidence. The Panel's approach was consistent with statute, Guidelines, and recent authority. No jurisdictional error or error of law on the face of the record was established.

Court Disposition

Application dismissed with costs

Orders

  • The Further Amended Summons is dismissed with costs.