Turner v Truss-T-Frame Timbers Pty Ltd [2021] NSWSC 1088

Supreme Court New South Wales

Medium Neutral Citation: Turner v Truss-T-Frame Timbers Pty Ltd [2021] NSWSC 1088 Hearing dates: 19 August 2021 Date of orders: 27 August 2021 Decision date: 27 August 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The decision of the appeal panel be set aside; 2. Remit the matter to the President of the Personal Injury Commission of New South Wales to be determined in accordance with law; 3. Unless the parties' approach to be heard within 7 days, Mr Turner's costs, as agreed or assessed, are to be borne by the first defendant. Catchwords: WORKERS COMPENSATION – Determination of claims – Complex regional pain syndrome – Appeal by employee on ground of demonstrable error – Where both approved medical officer and medical appeal panel did not consider criteria which governed the assessment of complex regional pain syndrome specified in the applicable Guidelines for the Evaluation of Permanent Impairment ADMINISTRATIVE LAW – Judicial review – Whether appeal panel erred in not considering grounds of appeal – Whether appeal panel erred by not providing sufficient reasons for its decision Legislation Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th edition)1.6. ch 2, 16, 17 Uniform Civil Procedure Rules r 59 Workers Compensation Act 1987 (NSW) ss 65, 66 Workers Compensation Regulation 2016 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) ss 4(1), 119, 250, 254, 260, 264, 287, 287A-289A, 290, 293, 319, 321, 322, 322A, 324, 325, 327, 328, 376, Pts 4, 7 Ch 7 Cases Cited: Ballas v Department of Education (State of NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86 Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd [2014] NSWCA 264; 13 DDCR 156 Campbelltown City Council v Vegan & Ors (2006) 67 NSWLR 372; [2006] NSWCA 284 Elsworthy v Forgacs Engineering Pty Ltd [2018] NSWSC 1638 Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Ryder v Sundance Bakehouse [2015] NSWSC 526 Sadsad v NRMA Insurance Ltd [2014] NSWSC 1216; 67 MVR 601 Skates v Hills Industries Ltd [2021] NSWCA 142 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480; [2013] HCA 43 Wishart v Fraser (1941) 64 CLR 470 [1941] HCA 8 Category: Principal judgment Parties: Matthew Turner (Plaintiff) Truss-T-Frame Timbers Pty Ltd (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) A Medical Assessor constituted by Dr Yiu-Key Ho (Third Defendant) A Medical Appeal Panel constituted by Member Jane Peacock, Dr James Bodel and Dr Brian Stephenson (Fourth Defendant) Representation: Counsel: Mr E Romaniuk SC (Plaintiff) Mr G Horan (Plaintiff) Mr P Stockley (Defendant) Solicitors: Turner Freeman Lawyers (Plaintiff) Lee Legal Group (First Defendant) Crown Solicitors (Second, Third & Fourth Defendants) File Number(s): 2021/91464