Sandra Joan Boulding v Warrigal Care Limited & Ors [2006] NSWSC 904

Sandra Joan Boulding v Warrigal Care Limited & Ors [2006] NSWSC 904

The appeal panel did not err in applying Table 4.4 of the WorkCover Guides. Surgery on two adjacent discs in one operation does not amount to a 'second operation' for the purpose of a 2% modifier. The appropriate assessment is a 3% rating for discectomy or single-level decompression, with an additional 1% for the other level, totalling a 4% modifier. The threshold requirement for Table 4.4 was satisfied, but the plaintiff's interpretation was not accepted. The summons is dismissed.

Jurisdiction
Australia
Judgment Date
11 September 2006
Procedural Posture
Judicial Review (administrative Law) / Supreme Court of Nsw, Common Law Division, Administrative Law List—final Judgment
Outcome
Summons dismissed. Plaintiff to pay costs of the proceedings.
Legal Topics
['judicial Review' 'permanent Impairment Assessment' 'construction of Work Cover Guides']
['administrative Law' 'workers Compensation'] ['judicial Review' 'permanent Impairment Assessment' 'construction of Work Cover Guides']

Case Brief

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Procedural Posture

Judicial Review (administrative Law) / Supreme Court of Nsw, Common Law Division, Administrative Law List—final Judgment

Legal Issues

  1. 1 ['Whether the appeal panel erred in the construction and application of Table 4.4 of the WorkCover Guides in assessing additional impairment ratings after surgery' 'Whether a second operation or multiple levels operated entitles the claimant to higher modifiers under Table 4.4']

Ratio Decidendi

The appeal panel did not err in applying Table 4.4 of the WorkCover Guides. Surgery on two adjacent discs in one operation does not amount to a 'second operation' for the purpose of a 2% modifier. The appropriate assessment is a 3% rating for discectomy or single-level decompression, with an additional 1% for the other level, totalling a 4% modifier. The threshold requirement for Table 4.4 was satisfied, but the plaintiff's interpretation was not accepted. The summons is dismissed.

Court Disposition

Summons dismissed. Plaintiff to pay costs of the proceedings.

Orders

  • ['Summons dismissed.' 'Plaintiff to pay costs of the proceedings.' 'The exhibit may be returned.']