Lazarus v Workers Compensation Nominal Insurer [2024] NSWSC 1443

Lazarus v Workers Compensation Nominal Insurer [2024] NSWSC 1443

By consent, where a statutory decision-maker misapplies the relevant statutory criteria for compensation and fails to follow mandatory guidelines for deductions, their decision is affected by jurisdictional error and is subject to being quashed and remitted for determination according to law.

Parties
Plaintiff: Michelle Lazarus; First Defendant: Workers Compensation Nominal Insurer; Second Defendant: The President of the Personal Injury Commission of NSW; Third Defendant: Medical Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Jurisdiction
Australia
Judgment Date
13 November 2024
Procedural Posture
Judicial Review / Judgment Following Consent Orders
Outcome
Orders made by consent quashing the appeal panel decision and remitting for reconsideration; no order as to costs.
Legal Topics
Judicial Review, Workers Compensation, Administrative Error
Civil Law Judicial Review Workers Compensation Administrative Error

Case Brief

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Parties

Michelle Lazarus

Plaintiff

Workers Compensation Nominal Insurer

First Defendant

The President of the Personal Injury Commission of NSW

Second Defendant

Medical Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)

Third Defendant

Procedural Posture

Judicial Review / Judgment Following Consent Orders

Legal Issues

  1. 1 Whether the appeal panel erred in the calculation of compensation under the Workplace Injury Management and Workers Compensation Act 1998 (NSW)
  2. 2 Whether there was an error regarding the deduction for pre-existing condition pursuant to s 323 of the Act
  3. 3 Whether these errors render the decision amenable to judicial review under s 69 of the Supreme Court Act 1970 (NSW)

Ratio Decidendi

By consent, where a statutory decision-maker misapplies the relevant statutory criteria for compensation and fails to follow mandatory guidelines for deductions, their decision is affected by jurisdictional error and is subject to being quashed and remitted for determination according to law.

Court Disposition

Orders made by consent quashing the appeal panel decision and remitting for reconsideration; no order as to costs.

Orders

  • The decision of the third defendant dated 2 August 2024 in matter W 8444/23 is quashed.
  • The certificate of determination dated 6 September 2024 in matter W8444/23 is set aside.