Coca-Cola Europacific Partners API Pty Ltd v Pombinho [2024] NSWCA 191

Coca-Cola Europacific Partners API Pty Ltd v Pombinho [2024] NSWCA 191

The Appeal Panel did not exceed its jurisdiction. Ground 2 was not confined to a particular of the s 323 deduction issue; it alleged failure to consider significant material that related to all PIRS categories relevant to the assessment of whole person impairment. In any event, Ground 4 itself brought current whole person impairment within the scope of the appeal because determining the impact of pre-existing injury required a comparative exercise and it would be artificial and logically incoherent to apply a deduction to the Medical Assessor's fixed 24% assessment without revisiting the starting point. The Appeal Panel was also not required to give separate reasons beyond adopting...

Jurisdiction
Australia
Judgment Date
01 August 2024
Procedural Posture
Appeal From Judicial Review Proceedings Concerning a Medical Appeal Panel Decision of the Personal Injury Commission / Court of Appeal Decision on Appeal From Orders of Rothman J in the Supreme Court of New South Wales, Common Law Division
Outcome
Appeal allowed; orders of Rothman J set aside; Amended Summons dismissed.
Legal Topics
['jurisdictional Error' 'error of Law' 'medical Assessment Appeal' 'permanent Impairment' 'whole Person Impairment' 'pre Existing Injury Deduction' 'scope of Appeal Grounds' 'psychiatric Impairment Rating Scale']
['administrative Law' 'workers Compensation' 'judicial Review'] ['jurisdictional Error' 'error of Law' 'medical Assessment Appeal' 'permanent Impairment' 'whole Person Impairment' 'pre Existing Injury Deduction' 'scope of Appeal Grounds' 'psychiatric Impairment Rating Scale']

Case Brief

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Procedural Posture

Appeal From Judicial Review Proceedings Concerning a Medical Appeal Panel Decision of the Personal Injury Commission / Court of Appeal Decision on Appeal From Orders of Rothman J in the Supreme Court of New South Wales, Common Law Division

Legal Issues

  1. 1 ['Whether the primary judge erred in concluding that the Medical Appeal Panel exceeded its jurisdiction by not limiting itself to the grounds of appeal on which the appeal to it had been made.' 'Whether Ground 2 of the Form 10 appeal permitted the Appeal Panel to consider material allegedly not considered by the Medical Assessor and reassess the PIRS categories relevant to whole person impairment.' "Whether Ground 4, concerning a deduction under s 323 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), brought the assessment of current whole person impairment within the scope of the Appeal Panel's jurisdiction." "Whether the Appeal Panel was required to give separate reasons for adopting Medical Assessor Glozier's report and findings."]

Ratio Decidendi

The Appeal Panel did not exceed its jurisdiction. Ground 2 was not confined to a particular of the s 323 deduction issue; it alleged failure to consider significant material that related to all PIRS categories relevant to the assessment of whole person impairment. In any event, Ground 4 itself brought current whole person impairment within the scope of the appeal because determining the impact of pre-existing injury required a comparative exercise and it would be artificial and logically incoherent to apply a deduction to the Medical Assessor's fixed 24% assessment without revisiting the starting point. The Appeal Panel was also not required to give separate reasons beyond adopting...

Court Disposition

Appeal allowed; orders of Rothman J set aside; Amended Summons dismissed.

Orders

  • ['The appeal be allowed.' 'Set aside the orders made by Rothman J on 12 December 2023.' 'In lieu thereof, dismiss the Amended Summons filed on 11 May 2023.']