Ivaneza v Dalsil Constructions Pty Ltd [2017] NSWSC 218

Ivaneza v Dalsil Constructions Pty Ltd [2017] NSWSC 218

The summons was dismissed because the medical assessment certificate, read as a whole, adequately disclosed the decision maker's reasoning and showed no error of law. The certificate recorded the plaintiff's history of no prior injury or deficit to either shoulder, quoted the relevant AMA Guide material, measured and compared both shoulders, and used the uninjured right shoulder as a baseline in assessing the left shoulder impairment as part of the whole person impairment assessment. That reasoning was legally adequate and did not reveal error on the face of the record or jurisdictional error.

Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Summons for Judicial Review of a Medical Assessment Certificate Pursuant to the Workplace Injury Management Act 1998 (nsw) / Principal Judgment; Summons Dismissed
Outcome
The plaintiff's summons for judicial review was dismissed, and the plaintiff was ordered to pay the first defendant's costs.
Legal Topics
['medical Assessment Certificate' 'adequacy of Reasons' 'error of Law on the Face of the Record' 'whole Person Impairment' 'range of Motion Assessment']
['administrative Law' 'workers Compensation' 'judicial Review'] ['medical Assessment Certificate' 'adequacy of Reasons' 'error of Law on the Face of the Record' 'whole Person Impairment' 'range of Motion Assessment']

Case Brief

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Procedural Posture

Summons for Judicial Review of a Medical Assessment Certificate Pursuant to the Workplace Injury Management Act 1998 (nsw) / Principal Judgment; Summons Dismissed

Legal Issues

  1. 1 ['Whether the approved medical specialist failed to provide adequate reasons in the medical assessment certificate dated 24 July 2013.' "Whether the comparison of the plaintiff's injured left shoulder with his uninjured right shoulder required further explanation under the AMA Guide and WorkCover Guide." 'Whether any error of law justified relief under s 69 of the Supreme Court Act 1970 (NSW).' 'Whether, if error were established, a further medical assessment could be ordered where no medical dispute or proceedings remained on foot.' 'Whether discretionary considerations would justify refusing judicial review relief.']

Ratio Decidendi

The summons was dismissed because the medical assessment certificate, read as a whole, adequately disclosed the decision maker's reasoning and showed no error of law. The certificate recorded the plaintiff's history of no prior injury or deficit to either shoulder, quoted the relevant AMA Guide material, measured and compared both shoulders, and used the uninjured right shoulder as a baseline in assessing the left shoulder impairment as part of the whole person impairment assessment. That reasoning was legally adequate and did not reveal error on the face of the record or jurisdictional error.

Court Disposition

The plaintiff's summons for judicial review was dismissed, and the plaintiff was ordered to pay the first defendant's costs.

Orders

  • ['The summons of the plaintiff filed on 30 June 2016 is dismissed.' 'The plaintiff must pay the costs of the first defendant of the proceedings.']