Peachey v Bildom Pty Ltd (Quality Siesta Resort Pty Limited and Quality Hotel) [2020] NSWSC 781

Peachey v Bildom Pty Ltd (Quality Siesta Resort Pty Limited and Quality Hotel) [2020] NSWSC 781

The Appeal Panel committed an error of law on the face of the record because its reasons did not adequately demonstrate that it addressed the requirements of cl 1.32. The Panel was required to consider and record whether there had been long-term treatment, what that treatment comprised, whether it was effective to produce substantial or total elimination of the original permanent impairment, and, if so, whether withdrawal of treatment was likely to cause reversion to the original degree of impairment. Instead, it relied on a comparison between WPI figures without explaining why that comparison fulfilled cl 1.32 or why it was sufficient to decide that no adjustment was warranted. The Panel...

Jurisdiction
Australia
Judgment Date
22 June 2020
Procedural Posture
Administrative Law Judicial Review of a Workers Compensation Medical Appeal Panel Decision Under S 69 of the Supreme Court Act 1970 (nsw) / Summons Seeking Relief Against the Medical Appeal Panel Decision Made on 5 November 2019
Outcome
The plaintiff succeeded; the Medical Appeal Panel decision was set aside and the matter was remitted to the Workers Compensation Commission for determination by a differently constituted appeal panel.
Legal Topics
['judicial Review' 'permanent Impairment Assessment' 'medical Appeal Panel Reasons' 'nsw Workers Compensation Guidelines for the Evaluation of Permanent Impairment Cl 1.32' 'error of Law on the Face of the Record']
['administrative Law' 'workers Compensation'] ['judicial Review' 'permanent Impairment Assessment' 'medical Appeal Panel Reasons' 'nsw Workers Compensation Guidelines for the Evaluation of Permanent Impairment Cl 1.32' 'error of Law on the Face of the Record']

Case Brief

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Procedural Posture

Administrative Law Judicial Review of a Workers Compensation Medical Appeal Panel Decision Under S 69 of the Supreme Court Act 1970 (nsw) / Summons Seeking Relief Against the Medical Appeal Panel Decision Made on 5 November 2019

Legal Issues

  1. 1 ['Whether the Appeal Panel gave adequate reasons explaining why no adjustment should be made under cl 1.32 of the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment.' 'Whether the Appeal Panel erred in law by inferring that the Approved Medical Specialist had considered cl 1.32 and decided that no adjustment was warranted.' "Whether the Appeal Panel's approach disclosed an error of law on the face of the record or jurisdictional error." 'Whether relief should be refused on discretionary grounds because the same result was said to be inevitable.']

Ratio Decidendi

The Appeal Panel committed an error of law on the face of the record because its reasons did not adequately demonstrate that it addressed the requirements of cl 1.32. The Panel was required to consider and record whether there had been long-term treatment, what that treatment comprised, whether it was effective to produce substantial or total elimination of the original permanent impairment, and, if so, whether withdrawal of treatment was likely to cause reversion to the original degree of impairment. Instead, it relied on a comparison between WPI figures without explaining why that comparison fulfilled cl 1.32 or why it was sufficient to decide that no adjustment was warranted. The Panel...

Court Disposition

The plaintiff succeeded; the Medical Appeal Panel decision was set aside and the matter was remitted to the Workers Compensation Commission for determination by a differently constituted appeal panel.

Orders

  • ['Set aside the decision of the third defendant made on 5 November 2019.' 'Remit the matter to the second defendant to be determined by an appeal panel differently constituted.' "Order the first defendant to pay the plaintiff's costs of the proceedings."]