Barnett v BTR Engineering [2002] NSWCC 45

Barnett v BTR Engineering [2002] NSWCC 45

Section 121(12) does not apply because the medical dispute had not yet been referred to an approved medical specialist and the employer had not made an application to the Registrar for nomination of a specialist.

Parties
Applicant: Robert Charles Barnett; Respondent: BTR Engineering
Jurisdiction
Australia
Judgment Date
11 June 2002
Procedural Posture
Miscellaneous Application Workers Compensation / Motion to Suspend Prosecution of Claim
Outcome
respondent's motion dismissed
Legal Topics
Suspension of Payments, Medical Dispute, Referral to Medical Specialist, Procedure Under Workplace Injury Management and Workers Compensation Act 1998
Workers Compensation Suspension of Payments Medical Dispute Referral to Medical Specialist Procedure Under Workplace Injury Management and Workers Compensation Act 1998

Case Brief

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Parties

Robert Charles Barnett

Applicant

BTR Engineering

Respondent

Procedural Posture

Miscellaneous Application Workers Compensation / Motion to Suspend Prosecution of Claim

Legal Issues

  1. 1 Whether s 121(12) of the Workplace Injury Management and Workers Compensation Act 1998 applies without prior referral of the medical dispute to an approved medical specialist
  2. 2 Whether applicant's silence constitutes obstruction of medical examination

Ratio Decidendi

Section 121(12) does not apply because the medical dispute had not yet been referred to an approved medical specialist and the employer had not made an application to the Registrar for nomination of a specialist.

Court Disposition

respondent's motion dismissed

Orders

  • Respondent's motion dismissed
  • Respondent to pay the applicant's costs