Craigie v Faircloth & Reynolds Pty Ltd and Ors [2021] NSWSC 1211

Craigie v Faircloth & Reynolds Pty Ltd and Ors [2021] NSWSC 1211

The Medical Appeal Panel failed to adequately identify the 'relevant date' in its reasoning regarding the existence of a pre-existing condition under s.323 of the Workplace Injury Management and Workers Compensation Act 1998, and did not properly engage with the plaintiff's argument in light of Cullen v Woodbrae Holdings Pty Ltd, thus committing an error of law warranting judicial review and the setting aside of its decision.

Parties
Plaintiff: Jack Elvin Craigie; First Defendant: Faircloth & Reynolds Pty Ltd; Second Defendant: Medical Appeal Panel of the Personal Injury Commission of NSW; Third Defendant: President of the Personal Injury Commission of NSW
Jurisdiction
Australia
Judgment Date
24 September 2021
Procedural Posture
Judicial Review / Final Determination With Consent Orders
Outcome
Orders made by consent: decision of the Medical Appeal Panel quashed; Certificate of Determination set aside; matter remitted for redetermination; costs to plaintiff.
Legal Topics
Judicial Review, Medical Appeal Panel, Adequacy of Reasons, Pre Existing Condition, Certiorari, Mandamus
Administrative Law Workers Compensation Judicial Review Medical Appeal Panel Adequacy of Reasons Pre Existing Condition Certiorari Mandamus

Case Brief

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Parties

Jack Elvin Craigie

Plaintiff

Faircloth & Reynolds Pty Ltd

First Defendant

Medical Appeal Panel of the Personal Injury Commission of NSW

Second Defendant

President of the Personal Injury Commission of NSW

Third Defendant

Procedural Posture

Judicial Review / Final Determination With Consent Orders

Legal Issues

  1. 1 Whether the Medical Appeal Panel failed to provide adequate reasons in adopting the Approved Medical Specialist's findings regarding pre-existing condition and relevant date under s.323(1) Workplace Injury Management and Workers Compensation Act 1998
  2. 2 Whether error of law was committed by failing to properly engage with the plaintiff's arguments in relation to Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 146

Ratio Decidendi

The Medical Appeal Panel failed to adequately identify the 'relevant date' in its reasoning regarding the existence of a pre-existing condition under s.323 of the Workplace Injury Management and Workers Compensation Act 1998, and did not properly engage with the plaintiff's argument in light of Cullen v Woodbrae Holdings Pty Ltd, thus committing an error of law warranting judicial review and the setting aside of its decision.

Court Disposition

Orders made by consent: decision of the Medical Appeal Panel quashed; Certificate of Determination set aside; matter remitted for redetermination; costs to plaintiff.

Orders

  • The decision of the Medical Appeal Panel of the Personal Injury Commission of NSW dated 19 March 2021 is quashed.
  • The Certificate of Determination dated 23 April 2021 is set aside.