Quintiliani-Johns v Secretary, Department of Education [2024] NSWSC 1200

Quintiliani-Johns v Secretary, Department of Education [2024] NSWSC 1200

The Appeal Panel failed to address a substantial, clearly articulated argument advanced by the applicant concerning the categorisation of impairment and application of deduction for pre-existing condition, constituting a jurisdictional error. Accordingly, its decision and the associated certificate must be set aside and the matter remitted for determination according to law.

Parties
Plaintiff: Flavia Quintiliani-Johns; First Defendant: Secretary, Department of Education; Second Defendant: President of the Personal Injury Commission of New South Wales; Third Defendant: Member Richard Perringnon, Dr Michael Hong and Dr Douglas Andrews 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 / Principal Judgment
Outcome
Decision of Appeal Panel set aside, matter remitted to second defendant for referral to differently constituted appeal panel, no order as to costs.
Legal Topics
Referral to Medical Assessor, Appeal Panel Procedural Fairness, Whole Person Impairment, Deduction for Pre Existing Condition, Application of Psychiatric Impairment Rating Scales
Workers Compensation Referral to Medical Assessor Appeal Panel Procedural Fairness Whole Person Impairment Deduction for Pre Existing Condition Application of Psychiatric Impairment Rating Scales

Case Brief

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Parties

Flavia Quintiliani-Johns

Plaintiff

Secretary, Department of Education

First Defendant

President of the Personal Injury Commission of New South Wales

Second Defendant

Member Richard Perringnon, Dr Michael Hong and Dr Douglas Andrews 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 / Principal Judgment

Legal Issues

  1. 1 Whether Appeal Panel failed to consider the worker's submissions regarding self care and personal hygiene
  2. 2 Whether Appeal Panel erred by considering its own view as to rating impairment
  3. 3 Whether Appeal Panel applied the correct test for deduction for pre-existing condition

Ratio Decidendi

The Appeal Panel failed to address a substantial, clearly articulated argument advanced by the applicant concerning the categorisation of impairment and application of deduction for pre-existing condition, constituting a jurisdictional error. Accordingly, its decision and the associated certificate must be set aside and the matter remitted for determination according to law.

Court Disposition

Decision of Appeal Panel set aside, matter remitted to second defendant for referral to differently constituted appeal panel, no order as to costs.

Orders

  • Set aside the decision of the third defendant dated 23 November 2023, and the Certificate of the Personal Injury Commission dated 9 January 2024.
  • The matter be remitted to the second defendant for referral to a differently constituted appeal panel under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) to be determined according to law.