Secretary, Department of Communities and Justice v Workers Compensation Commission & Ors [2021] NSWSC 310

Supreme Court New South Wales

Medium Neutral Citation: Secretary, Department of Communities and Justice v Workers Compensation Commission & Ors [2021] NSWSC 310 Hearing dates: 5 March 2021 Decision date: 31 March 2021 Jurisdiction: Common Law Before: White J Decision: Summons dismissed with costs Catchwords: ADMINISTRATIVE LAW – Workplace Injury Management and Workers Compensation Act 1998 (NSW) – Medical assessment — Medical dispute — Degree of permanent impairment as a result of an injury — Review of decision of Appeal Panel – Whether Appeal Panel failed to respond to a substantial and clearly articulated argument Legislation Cited: Government Sector Employment Act 2013 (NSW), s 26 Workers Compensation Act 1987, s 66 Workplace Injury Management and Workers Compensation Act 1998, ss 322, 325(2), 325(2)(d), 327, 327(3), 327(3)(d) Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] 77 ALJR 389; [2003] HCA 26 Glenn William Parker v Select Civil Pty Limited [2018] NSWSC 140 Industry Research and Development Board v Bridgestone Australia Ltd (2001) 109 FCR 564; [2001] FCA 594 Minister for Home Affairs v Omar (2019) 272 FCR 589; [2019] FCAFC 188 Workers Compensation Nominal Insurer v Hill [2020] NSWCA 54 Texts Cited: NSW Workers Compensation Guidelines, 4th ed., 1 April 2016 American Medical Association's Guides to the Evaluation of Permanent Impairment, 5th ed Category: Principal judgment Parties: Secretary, Department of Communities and Justice (First Plaintiff) Workers Compensation Commission (First Defendant) Appeal Panel of the Workers Compensation Commission of New South Wales constituted by Arbitrator Ross Bell, Approved Medical Specialist Professor Nicolas Glozier and Approved Medical Specialist Dr Patrick Morris (Second Defendant) Roberta Mead (Third Defendant) Representation: Counsel: Mr M. Cobb-Clark (Plaintiff) Submitting appearance (First and Second Defendants) Mr B. McManamey (Third Defendant)