Saveski v Brunjev Pty Ltd [2025] NSWSC 157

Saveski v Brunjev Pty Ltd [2025] NSWSC 157

The Appeal Panel's decision to confirm the medical assessor's certificate was neither affected by demonstrable error nor legal unreasonableness, and its reasons and approach were adequate. The applicant failed to establish jurisdictional error, error of law, or a failure to consider relevant material requiring judicial intervention.

Parties
Plaintiff: Goran Saveski; First Defendant: Brunjev Pty Ltd; Second Defendant: President of the Personal Injury Commission; Third Defendant: Jane Peacock, Roger Pillemer and Gregory McGroder as a Medical Appeal Panel constituted under section 328 of the Workplace Injury Management Act 1998 (NSW)
Jurisdiction
Australia
Judgment Date
07 March 2025
Procedural Posture
Judicial Review / Decision After Final Hearing
Outcome
Application dismissed with costs
Legal Topics
Judicial Review of Administrative Action, Medical Assessment Appeals, Demonstrable Error in Medical Certificates, Permanent Impairment Assessment
Administrative Law Workers Compensation Judicial Review of Administrative Action Medical Assessment Appeals Demonstrable Error in Medical Certificates Permanent Impairment Assessment

Case Brief

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Parties

Goran Saveski

Plaintiff

Brunjev Pty Ltd

First Defendant

President of the Personal Injury Commission

Second Defendant

Jane Peacock, Roger Pillemer and Gregory McGroder as a Medical Appeal Panel constituted under section 328 of the Workplace Injury Management Act 1998 (NSW)

Third Defendant

Procedural Posture

Judicial Review / Decision After Final Hearing

Legal Issues

  1. 1 Whether the Appeal Panel erred in finding no demonstrable error in the medical assessor's finding that maximum medical improvement had been reached
  2. 2 Whether the Appeal Panel erred in finding additional evidence did not establish deterioration of the worker's condition
  3. 3 Whether the Appeal Panel provided adequate reasons

Ratio Decidendi

The Appeal Panel's decision to confirm the medical assessor's certificate was neither affected by demonstrable error nor legal unreasonableness, and its reasons and approach were adequate. The applicant failed to establish jurisdictional error, error of law, or a failure to consider relevant material requiring judicial intervention.

Court Disposition

Application dismissed with costs

Orders

  • The second amended summons filed 19 September 2024 is dismissed with costs