BORG v THE REGISTRAR WORKERS COMPENSATION COMMISSION [2009] NSWSC 1389

BORG v THE REGISTRAR WORKERS COMPENSATION COMMISSION [2009] NSWSC 1389

The Approved Medical Specialist is required to give sufficient reasons for refusing reconsideration of an assessment. The failure by Dr Breit to provide more than a statement that it was not 'appropriate' to make amendments did not meet this requirement, resulting in a denial of procedural fairness to the Plaintiff. Therefore, the decision and subsequent Certificate of Determination must be set aside and the matter remitted for reconsideration in accordance with the law and these reasons.

Jurisdiction
Australia
Judgment Date
16 December 2009
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision of AMS and Certificate of Determination set aside; matter remitted for reconsideration; costs ordered in favour of Plaintiff.
Legal Topics
['procedural Fairness' 'adequacy of Reasons' 'reconsideration of Decisions' 'workers Compensation Medical Assessment']
['administrative Law' 'workers Compensation'] ['procedural Fairness' 'adequacy of Reasons' 'reconsideration of Decisions' 'workers Compensation Medical Assessment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Approved Medical Specialist failed to give adequate reasons for refusing reconsideration under section 378 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)' 'Whether the Plaintiff was denied procedural fairness by the inadequate reasons or notification' 'The nature of the obligation to give reasons under the statutory scheme']

Ratio Decidendi

The Approved Medical Specialist is required to give sufficient reasons for refusing reconsideration of an assessment. The failure by Dr Breit to provide more than a statement that it was not 'appropriate' to make amendments did not meet this requirement, resulting in a denial of procedural fairness to the Plaintiff. Therefore, the decision and subsequent Certificate of Determination must be set aside and the matter remitted for reconsideration in accordance with the law and these reasons.

Court Disposition

Decision of AMS and Certificate of Determination set aside; matter remitted for reconsideration; costs ordered in favour of Plaintiff.

Orders

  • ['Set aside the decision of Approved Medical Specialist, Dr Robert Breit, in WCC 1447/08 dated 8 July 2008.' 'Set aside the Certificate of Determination of the Workers Compensation Commission in the matter of Christine Borg v Nutrimetrics Australia Pty Ltd, dated 18 July 2008.' 'Order that Dr Robert Breit, in the...