Fullford v Maccas Ferry Services Pty Ltd [2016] NSWSC 1161

Fullford v Maccas Ferry Services Pty Ltd [2016] NSWSC 1161

The Appeal Panel erred in law on ground 1 because clause 1.39 required the treatment-effect allowance of 3 percent to be added to the 18 percent head injury impairment before the Combined Values Chart was used to combine separate impairment percentages. The Combined Values Chart did not operate in the anterior calculation of the impairment percentage for the same organ system. Grounds 2 and 3 failed because the Appeal Panel properly addressed the contribution of Mr Fullford's pre-existing epilepsy under s 323 and gave reasons that adequately disclosed its path of reasoning for the 50 percent deduction. Mr Fullford was therefore entitled to relief on ground 1.

Jurisdiction
Australia
Judgment Date
23 August 2016
Procedural Posture
Administrative Law Judicial Review of an Appeal Panel Decision Concerning Workers Compensation Medical Assessment / Principal Judgment on Summons Filed 8 March 2016
Outcome
Mr Fullford succeeded on ground 1 and was entitled to relief; grounds 2 and 3 were rejected. The parties were directed to bring in short minutes of order giving effect to the reasons, including costs.
Legal Topics
['judicial Review' 'medical Assessment Certificate' 'appeal Panel' 'whole Person Impairment' 'combined Values Chart' 'deduction for Pre Existing Condition' 'adequacy of Reasons']
['administrative Law' 'workers Compensation'] ['judicial Review' 'medical Assessment Certificate' 'appeal Panel' 'whole Person Impairment' 'combined Values Chart' 'deduction for Pre Existing Condition' 'adequacy of Reasons']

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Procedural Posture

Administrative Law Judicial Review of an Appeal Panel Decision Concerning Workers Compensation Medical Assessment / Principal Judgment on Summons Filed 8 March 2016

Legal Issues

  1. 1 ["Whether the Appeal Panel asked the wrong question or misapplied the Guidelines by using the Combined Values Chart to calculate the whole person impairment percentage for Mr Fullford's head injury." 'Whether the Appeal Panel erred in applying s 323 of the Workplace Injury Management and Workers Compensation Act 1998 by making a 50 percent deduction for a pre-existing condition.' 'Whether the Appeal Panel failed to set out its path of reasoning so as to demonstrate the basis for the 50 percent deduction.']

Ratio Decidendi

The Appeal Panel erred in law on ground 1 because clause 1.39 required the treatment-effect allowance of 3 percent to be added to the 18 percent head injury impairment before the Combined Values Chart was used to combine separate impairment percentages. The Combined Values Chart did not operate in the anterior calculation of the impairment percentage for the same organ system. Grounds 2 and 3 failed because the Appeal Panel properly addressed the contribution of Mr Fullford's pre-existing epilepsy under s 323 and gave reasons that adequately disclosed its path of reasoning for the 50 percent deduction. Mr Fullford was therefore entitled to relief on ground 1.

Court Disposition

Mr Fullford succeeded on ground 1 and was entitled to relief; grounds 2 and 3 were rejected. The parties were directed to bring in short minutes of order giving effect to the reasons, including costs.

Orders

  • ['Direct the parties to bring in short minutes of order giving effect to these reasons.']