Aquilina v Transport for NSW [2022] NSWSC 1310

Aquilina v Transport for NSW [2022] NSWSC 1310

The Medical Appeal Panel exceeded its jurisdiction by considering matters not raised in the appeal after accepting an error in the original medical certificate. As a matter of law, the only determination to be made is that the plaintiff's degree of permanent impairment is 15%, requiring the original certificate to be quashed and a new certificate to issue reflecting this finding.

Parties
Plaintiff: David Aquilina; First Defendant: Secretary Department of Transport; Second Defendant: Member John Wynyard, Dr Gregory McGroder, Dr Brian Noll (Appeal Panel); Third Defendant: President of the Personal Injury Commission of NSW
Jurisdiction
Australia
Judgment Date
28 September 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application allowed. Medical Assessment Certificate quashed. New certificate to issue at 15% impairment. Costs awarded to plaintiff.
Legal Topics
Medical Assessment, Judicial Review, Scope of Appeal, Permanent Impairment
Workers Compensation Administrative Law Medical Assessment Judicial Review Scope of Appeal Permanent Impairment

Case Brief

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Parties

David Aquilina

Plaintiff

Secretary Department of Transport

First Defendant

Member John Wynyard, Dr Gregory McGroder, Dr Brian Noll (Appeal Panel)

Second Defendant

President of the Personal Injury Commission of NSW

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Did the Medical Appeal Panel exceed its jurisdiction by determining grounds not raised in the appeal?
  2. 2 What is the correct degree of permanent impairment for the plaintiff's injuries?

Ratio Decidendi

The Medical Appeal Panel exceeded its jurisdiction by considering matters not raised in the appeal after accepting an error in the original medical certificate. As a matter of law, the only determination to be made is that the plaintiff's degree of permanent impairment is 15%, requiring the original certificate to be quashed and a new certificate to issue reflecting this finding.

Court Disposition

Application allowed. Medical Assessment Certificate quashed. New certificate to issue at 15% impairment. Costs awarded to plaintiff.

Orders

  • Quash the Medical Assessment Certificate issued by the second defendant on 10 December 2021 in Personal Injury Commission matter M1-007567/20.
  • Direct that the second defendant issue a Medical Assessment Certificate certifying that the degree of permanent impairment resulting from the plaintiff's injuries is 15%.