Cortese v Cumberland Ford Pty Ltd & Ors [2011] NSWSC 1260

Cortese v Cumberland Ford Pty Ltd & Ors [2011] NSWSC 1260

The Appeal Panel did not make an error of law in rejecting Dr Bodel's 26 July 2010 report because the report substantially repeated earlier material and, on a fair reading of the Panel's reasons as a whole, was not rejected on an erroneous legal basis. The remaining challenges concerned the weight and interpretation of medical evidence and the choice between DRE II and DRE III classifications, which were factual and expert matters open to the Appeal Panel. No error of law was shown to justify relief under s 69 of the Supreme Court Act 1970 (NSW).

Jurisdiction
Australia
Judgment Date
27 October 2011
Procedural Posture
Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) Concerning a Workers Compensation Medical Dispute / Further Amended Summons Seeking to Quash Decision of Medical Appeal Panel
Outcome
Further Amended Summons dismissed with costs.
Legal Topics
['assessment of Whole Person Impairment' 'medical Assessment Certificate' 'medical Appeal Panel' 'additional Relevant Information Under S 327(3)(b)' 'dre II and DRE III Classification' 'radiculopathy' 'error of Law' 'construction of Administrative Reasons']
['workers Compensation' 'administrative Law' 'judicial Review'] ['assessment of Whole Person Impairment' 'medical Assessment Certificate' 'medical Appeal Panel' 'additional Relevant Information Under S 327(3)(b)' 'dre II and DRE III Classification' 'radiculopathy' 'error of Law' 'construction of Administrative Reasons']

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Procedural Posture

Judicial Review Under S 69 of the Supreme Court Act 1970 (nsw) Concerning a Workers Compensation Medical Dispute / Further Amended Summons Seeking to Quash Decision of Medical Appeal Panel

Legal Issues

  1. 1 ['Whether the Appeal Panel made an error of law by rejecting the report of Dr Bodel dated 26 July 2010 as additional relevant information under s 327(3)(b) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW).' "Whether the Appeal Panel applied the wrong test or misread the report by treating it as an attempt to cavil with the Approved Medical Specialist's findings." "Whether the Appeal Panel's confirmation of a DRE II classification rather than DRE III involved an error of law, incorrect criteria, demonstrable error, or merely factual assessment of medical evidence."]

Ratio Decidendi

The Appeal Panel did not make an error of law in rejecting Dr Bodel's 26 July 2010 report because the report substantially repeated earlier material and, on a fair reading of the Panel's reasons as a whole, was not rejected on an erroneous legal basis. The remaining challenges concerned the weight and interpretation of medical evidence and the choice between DRE II and DRE III classifications, which were factual and expert matters open to the Appeal Panel. No error of law was shown to justify relief under s 69 of the Supreme Court Act 1970 (NSW).

Court Disposition

Further Amended Summons dismissed with costs.

Orders

  • ['The Further Amended Summons be dismissed with costs.']