Glenn William Parker v Select Civil Pty Limited [2018] NSWSC 140

Glenn William Parker v Select Civil Pty Limited [2018] NSWSC 140

The Appeal Panel failed to establish a statutory error in the approved medical specialist's assessment. The AMS took the plaintiff's history, conducted a medical assessment, and made findings capable of supporting a Class 3 rating for self care and personal hygiene. The Appeal Panel's conclusion that Class 2 was more appropriate amounted to a difference of opinion about a matter on which reasonable minds could differ, not a finding that the AMS applied incorrect criteria or made a demonstrable error. This disclosed an error of law on the face of the record, warranting certiorari.

Jurisdiction
Australia
Judgment Date
21 February 2018
Procedural Posture
Judicial Review of a Decision of the Medical Appeal Panel of the Workers Compensation Commission / Amended Summons Seeking Certiorari or Declaration and Mandamus/remittal
Outcome
The plaintiff succeeded; the Appeal Panel's medical assessment certificate and statement of reasons were set aside and the matter was remitted to the Workers Compensation Commission.
Legal Topics
['judicial Review' 'medical Assessment Certificate' 'permanent Impairment' 'psychiatric Impairment Rating Scale' 'error of Law on the Face of the Record' 'certiorari' 'remittal']
['administrative Law' 'workers Compensation'] ['judicial Review' 'medical Assessment Certificate' 'permanent Impairment' 'psychiatric Impairment Rating Scale' 'error of Law on the Face of the Record' 'certiorari' 'remittal']

Case Brief

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Procedural Posture

Judicial Review of a Decision of the Medical Appeal Panel of the Workers Compensation Commission / Amended Summons Seeking Certiorari or Declaration and Mandamus/remittal

Legal Issues

  1. 1 ["Whether the Medical Appeal Panel identified an error in the approved medical specialist's assessment before revoking the medical assessment certificate and issuing a new certificate." "Whether the Appeal Panel impermissibly substituted its own view of the plaintiff's self care and personal hygiene impairment classification without finding incorrect criteria or demonstrable error." "Whether the approved medical specialist's Class 3 rating for self care and personal hygiene under the Psychiatric Impairment Rating Scale was open on the history, clinical assessment and available evidence."]

Ratio Decidendi

The Appeal Panel failed to establish a statutory error in the approved medical specialist's assessment. The AMS took the plaintiff's history, conducted a medical assessment, and made findings capable of supporting a Class 3 rating for self care and personal hygiene. The Appeal Panel's conclusion that Class 2 was more appropriate amounted to a difference of opinion about a matter on which reasonable minds could differ, not a finding that the AMS applied incorrect criteria or made a demonstrable error. This disclosed an error of law on the face of the record, warranting certiorari.

Court Disposition

The plaintiff succeeded; the Appeal Panel's medical assessment certificate and statement of reasons were set aside and the matter was remitted to the Workers Compensation Commission.

Orders

  • ["The Appeal Panel's medical assessment certificate and statement of reasons dated 18 April 2017 is set aside." 'The matter is remitted to the Workers Compensation Commission to be determined according to law.' "The defendant is to pay the plaintiff's costs on an ordinary basis."]