Turner v Truss-T-Frame Timbers Pty Ltd [2021] NSWSC 1088

Turner v Truss-T-Frame Timbers Pty Ltd [2021] NSWSC 1088

The appeal panel erred by neither considering nor applying the criteria prescribed in Chapter 17, Table 17.1 of the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment regarding complex regional pain syndrome, and did not provide adequate reasons explaining why the medical assessor's decision was preferred over competing medical opinions and why the relevant criteria were not satisfied.

Parties
Plaintiff: Matthew Turner; First Defendant: Truss-T-Frame Timbers Pty Ltd; Second Defendant: The President of the Personal Injury Commission of New South Wales; Third Defendant: A Medical Assessor constituted by Dr Yiu-Key Ho; Fourth Defendant: A Medical Appeal Panel constituted by Member Jane Peacock, Dr James Bodel and Dr Brian Stephenson
Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Decision of appeal panel set aside; matter remitted for determination; costs awarded to plaintiff unless parties approach to be heard within 7 days.
Legal Topics
Determination of Claims, Permanent Impairment Assessment, Complex Regional Pain Syndrome, Medical Dispute, Judicial Review, Adequacy of Reasons
Workers Compensation Administrative Law Determination of Claims Permanent Impairment Assessment Complex Regional Pain Syndrome Medical Dispute Judicial Review Adequacy of Reasons

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Matthew Turner

Plaintiff

Truss-T-Frame Timbers Pty Ltd

First Defendant

The President of the Personal Injury Commission of New South Wales

Second Defendant

A Medical Assessor constituted by Dr Yiu-Key Ho

Third Defendant

A Medical Appeal Panel constituted by Member Jane Peacock, Dr James Bodel and Dr Brian Stephenson

Fourth Defendant

Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 Did the medical assessor and appeal panel apply the correct criteria for assessing complex regional pain syndrome under the applicable Guidelines?
  2. 2 Did the medical assessor and appeal panel provide sufficient reasons for their decisions?
  3. 3 Was jurisdictional error involved in the appeal panel's decision?

Ratio Decidendi

The appeal panel erred by neither considering nor applying the criteria prescribed in Chapter 17, Table 17.1 of the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment regarding complex regional pain syndrome, and did not provide adequate reasons explaining why the medical assessor's decision was preferred over competing medical opinions and why the relevant criteria were not satisfied.

Court Disposition

Decision of appeal panel set aside; matter remitted for determination; costs awarded to plaintiff unless parties approach to be heard within 7 days.

Orders

  • The decision of the appeal panel be set aside.
  • Remit the matter to the President of the Personal Injury Commission of New South Wales to be determined in accordance with law.