Zanardo & Rodriguez Sales & Services Pty Ltd v Tolevski [2013] NSWCA 449

Zanardo & Rodriguez Sales & Services Pty Ltd v Tolevski [2013] NSWCA 449

Section 60(5) of the Workers Compensation Act 1987, according to its ordinary grammatical meaning, requires every dispute concerning proposed treatment or service and the compensation that will be payable for it to be referred by the Registrar for medical assessment under Part 7 of Chapter 7 of the 1998 Act unless regulations otherwise provide. The dispute about whether the proposed bilateral hip replacement was causally connected with the workplace injury was still a dispute concerning proposed treatment and compensation payable for it, and there was no textual or purposive basis to read the mandatory words down. The Presidential Member was therefore correct to revoke the Arbitrator's...

Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Workers Compensation Appeal on a Question of Law / Application for Leave to Appeal Heard Concurrently With the Appeal From a Presidential Member of the Workers Compensation Commission
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
['proposed Medical Treatment' 'referral to Accredited Medical Specialist' 'workers Compensation Act 1987 S 60(5)' 'medical Assessment' 'causation']
['workers Compensation' 'statutory Interpretation'] ['proposed Medical Treatment' 'referral to Accredited Medical Specialist' 'workers Compensation Act 1987 S 60(5)' 'medical Assessment' 'causation']

Case Brief

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Procedural Posture

Workers Compensation Appeal on a Question of Law / Application for Leave to Appeal Heard Concurrently With the Appeal From a Presidential Member of the Workers Compensation Commission

Legal Issues

  1. 1 ['Whether s 60(5) of the Workers Compensation Act 1987 requires a dispute concerning proposed medical treatment to be referred for assessment under Part 7 (Medical assessment) of Chapter 7 of the Workplace Injury Management and Workers Compensation Act 1998 before determination.' 'Whether a dispute said to be confined to causation falls within the mandatory referral requirement in s 60(5).']

Ratio Decidendi

Section 60(5) of the Workers Compensation Act 1987, according to its ordinary grammatical meaning, requires every dispute concerning proposed treatment or service and the compensation that will be payable for it to be referred by the Registrar for medical assessment under Part 7 of Chapter 7 of the 1998 Act unless regulations otherwise provide. The dispute about whether the proposed bilateral hip replacement was causally connected with the workplace injury was still a dispute concerning proposed treatment and compensation payable for it, and there was no textual or purposive basis to read the mandatory words down. The Presidential Member was therefore correct to revoke the Arbitrator's...

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • ['Leave to appeal granted.' 'The draft notice of appeal stand as the notice of appeal in the proceedings.' 'The appellant pay the applicable filing fee in respect of the notice of appeal within seven days, but all further requirements of the rules with respect to its filing and service be dispensed with.' 'Appeal...