Elsworthy v Forgacs Engineering Pty Ltd [2018] NSWSC 1638

Elsworthy v Forgacs Engineering Pty Ltd [2018] NSWSC 1638

The Panel and Approved Medical Specialist applied the correct diagnostic criteria as prescribed in the Guidelines; absence of certain required signs meant CRPS could not be diagnosed, and alternative diagnosis (fibromyalgia) was sufficiently justified. No reviewable error was established and the Panel was not required to conduct further clinical examination.

Parties
Plaintiff: Stephen Elsworthy; First Defendant: Forgacs Engineering Pty Ltd, c/- Allianz Australia Workers Compensation; Second Defendant: Workers Compensation Commission; Third Defendant: The Medical Appeal Panel constituted by Mr Grahame Edwards, Professor Michael Fearnside and Dr Michael Davies; Fourth Defendant: The Approved Medical Specialist, Dr David Lewington
Jurisdiction
Australia
Judgment Date
31 October 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
summons dismissed
Legal Topics
Workers Compensation, Medical Assessment, Judicial Review
Administrative Law Workers Compensation Medical Assessment Judicial Review

Case Brief

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Parties

Stephen Elsworthy

Plaintiff

Forgacs Engineering Pty Ltd, c/- Allianz Australia Workers Compensation

First Defendant

Workers Compensation Commission

Second Defendant

The Medical Appeal Panel constituted by Mr Grahame Edwards, Professor Michael Fearnside and Dr Michael Davies

Third Defendant

The Approved Medical Specialist, Dr David Lewington

Fourth Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Medical Appeal Panel and Approved Medical Specialist applied correct diagnostic criteria for CRPS
  2. 2 Whether the Medical Appeal Panel should have conducted a clinical examination of the plaintiff
  3. 3 Whether adequate reasons were provided in the medical assessment certificate

Ratio Decidendi

The Panel and Approved Medical Specialist applied the correct diagnostic criteria as prescribed in the Guidelines; absence of certain required signs meant CRPS could not be diagnosed, and alternative diagnosis (fibromyalgia) was sufficiently justified. No reviewable error was established and the Panel was not required to conduct further clinical examination.

Court Disposition

summons dismissed

Orders

  • Extension of time for filing the summons as against the fourth defendant, Dr David Lewington, is refused.
  • The summons is dismissed.