Nguyen v Pasarela Pty Ltd [2020] NSWSC 1730

Nguyen v Pasarela Pty Ltd [2020] NSWSC 1730

The AMS's reasons, when read beneficially, sufficiently explained the rationale for using the deduction method under clause 2.20 of the Guidelines; therefore, there was no legal error nor jurisdictional error in either the AMS or the Appeal Panel's decision, and the summons must be dismissed.

Parties
Plaintiff: Van Nguyen; First Defendant: Pasarela Pty Ltd; Second Defendant: Workers Compensation Commission; Third Defendant: An Approved Medical Specialist Medical (Dr Burrow) Appointed by the Workers Compensation Commission; Fourth Defendant: A Medical Appeal Panel (Mr Douglas, Dr Dixon and Dr Mastroianni) Appointed by the Workers Compensation Commission
Jurisdiction
Australia
Judgment Date
03 December 2020
Procedural Posture
Judicial Review / Final Judgment and Orders
Outcome
Amended summons dismissed
Legal Topics
Error of Law on the Face of the Record, Assessment of Permanent Impairment, Application of Guidelines, Jurisdictional Error, Extension of Time, Costs
Administrative Law Workers Compensation Error of Law on the Face of the Record Assessment of Permanent Impairment Application of Guidelines Jurisdictional Error Extension of Time Costs

Case Brief

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Parties

Van Nguyen

Plaintiff

Pasarela Pty Ltd

First Defendant

Workers Compensation Commission

Second Defendant

An Approved Medical Specialist Medical (Dr Burrow) Appointed by the Workers Compensation Commission

Third Defendant

A Medical Appeal Panel (Mr Douglas, Dr Dixon and Dr Mastroianni) Appointed by the Workers Compensation Commission

Fourth Defendant

Procedural Posture

Judicial Review / Final Judgment and Orders

Legal Issues

  1. 1 Whether the Approved Medical Specialist failed to correctly apply clause 2.20 of the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment
  2. 2 Whether the Approved Medical Specialist failed to properly explain the rationale for using the deduction method
  3. 3 Whether the Appeal Panel erred in finding no error in the Approved Medical Specialist's application of the guidelines

Ratio Decidendi

The AMS's reasons, when read beneficially, sufficiently explained the rationale for using the deduction method under clause 2.20 of the Guidelines; therefore, there was no legal error nor jurisdictional error in either the AMS or the Appeal Panel's decision, and the summons must be dismissed.

Court Disposition

Amended summons dismissed

Orders

  • Pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 59.10(2), extend the time for filing the summons to 30 March 2020.
  • Dismiss the amended summons.