Skates v Hills Industries Ltd [2021] NSWCA 142

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Skates v Hills Industries Ltd [2021] NSWCA 142 Hearing dates: 25 February 2021 Decision date: 14 July 2021 Before: Basten JA at [1]; Leeming JA at [43]; McCallum JA at [51] Decision: (1) Grant leave to appeal for the purpose of making the following orders: (i) set aside the decision of the Arbitrator made on 1 November 2019; (ii) direct that the President, in determining the terms of any referral for a further medical assessment, include the left wrist as a body part to be assessed. (2) Otherwise dismiss the application for leave to appeal. (3) Direct that there be no order as to the costs of the application for leave to appeal. (4) Direct that these orders not be entered until 28 July 2021. Catchwords: WORKERS COMPENSATION – referral of medical dispute to approved medical officer – assessment of permanent impairment – whether approved medical officer is confined to an assessment of the body parts and systems specified by the Registrar in the referral form WORDS AND PHRASES – "medical dispute" Legislation Cited: Personal Injury Commission Act 2020 (NSW), ss 2, 6, 14C; Sch 1, Sch 6.11 Supreme Court Act 1970 (NSW), s 101 Workers Compensation Act 1987 (NSW), ss 2A, 65, 66 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 288, 293, 319, 320, 321, 321A, 322, 322A, 323, 325, 326, 327, 331, 376, 377 Workers Compensation Guidelines, Ch 2 Cases Cited: Aircons Pty Limited v Registrar of the Workers Compensation Commission of NSW [2006] NSWSC 322 Texts Cited: American Medical Association's Guides to the Evaluation of Permanent Impairment (5th ed) Category: Principal judgment Parties: Mr Anthony Skates (Applicant) Hills Industries Ltd (First Respondent) John Wynyard, Dr James Bodel, Dr David Crocker (Second Respondents) Michael Wright (Third Respondent) Registrar, Workers Compensation Commission of New South Wales (Fourth Respondent) Dr Frank Machart (Fifth Respondent) Representation: Counsel: B G McManamey (Applicant) S Blount (First Respondent) Submitting appearances (Second to Fifth Respondents)