Moy v Emoleum Services Pty Ltd [2015] NSWSC 1062

Moy v Emoleum Services Pty Ltd [2015] NSWSC 1062

The Panel's decision to apply a four-fifths deduction for pre-existing osteoarthritis was not adequately reasoned, was based on assumption or hypothesis, and was unsupported by probative evidence, constituting jurisdictional error justifying quashing of the Certificate and remittal for re-determination.

Parties
Plaintiff: Michael Moy; First Defendant: Emoleum Services Pty Ltd; Second Defendant: The Registrar of the Workers Compensation Commission of New South Wales; Third Defendant: Medical Appeal Panel, Appointed by Registrar of the Workers Compensation Commission of New South Wales, and constituted by Arbitrator Douglas, and Approved Medical Specialists Crane and Scougall
Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Judicial Review / Final Judgment and Orders
Outcome
Orders in the nature of certiorari and mandamus granted; Certificate and Statement of Reasons quashed and matter remitted for re-determination.
Legal Topics
Judicial Review, Permanent Impairment, Medical Assessment, Reasons for Decision, Statutory Deduction for Pre Existing Condition
Administrative Law Workers Compensation Judicial Review Permanent Impairment Medical Assessment Reasons for Decision Statutory Deduction for Pre Existing Condition

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Parties

Michael Moy

Plaintiff

Emoleum Services Pty Ltd

First Defendant

The Registrar of the Workers Compensation Commission of New South Wales

Second Defendant

Medical Appeal Panel, Appointed by Registrar of the Workers Compensation Commission of New South Wales, and constituted by Arbitrator Douglas, and Approved Medical Specialists Crane and Scougall

Third Defendant

Procedural Posture

Judicial Review / Final Judgment and Orders

Legal Issues

  1. 1 Whether the Medical Appeal Panel provided adequate reasons for its assessment and deduction under s 323 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)
  2. 2 Whether the Panel's deduction for pre-existing osteoarthritis was based on assumption or hypothesis rather than evidence
  3. 3 Whether the Panel's conclusion was unreasonable or unsupported by evidence

Ratio Decidendi

The Panel's decision to apply a four-fifths deduction for pre-existing osteoarthritis was not adequately reasoned, was based on assumption or hypothesis, and was unsupported by probative evidence, constituting jurisdictional error justifying quashing of the Certificate and remittal for re-determination.

Court Disposition

Orders in the nature of certiorari and mandamus granted; Certificate and Statement of Reasons quashed and matter remitted for re-determination.

Orders

  • An order quashing the Certificate and Statement of Reasons issued by the Second Defendant, constituted by the Third Defendant on 10 October 2014.
  • An order remitting the matter to the Second Defendant for referral to a different Medical Appeal Panel to determine the dispute according to law.