Woolstar Pty Ltd v Lando [2022] NSWSC 241

Supreme Court New South Wales

Medium Neutral Citation: Woolstar Pty Ltd v Lando [2022] NSWSC 241 Hearing dates: 28 September 2021 Date of orders: 10 March 2022 Decision date: 10 March 2022 Jurisdiction: Common Law Before: Simpson AJ Decision: 1. Summons for judicial review dismissed; 2. The plaintiff to pay the costs of each defendant. Catchwords: WORKERS COMPENSATION — Disease injury – where first defendant employed by Woolworths from February 1995 – where first defendant tripped on step and suffered injuries to her right hip, right wrist and right ankle and consequential injury to her left hip – first defendant made a claim under s 66 of the Workers Compensation Act 1987 (NSW), for permanent impairment – where plaintiff disputed liability – dispute referred to the Workers Compensation Commission for determination – dispute referred for medical assessment – appeal against medical assessment – where Appeal Panel declined to make a deduction under s 323 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), in respect of disease injury to first defendant's right hip by reason of a pre-existing condition – whether Appeal Panel exceeded its jurisdiction by making 'liability finding' as between plaintiff and first defendant and departing from the findings of the Arbitrator at the Workers Compensation Commission Legislation Cited: Personal Injury Commission Act 2020 (NSW) Supreme Court Act 1976 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Bindah v Carter Holt Harvey Wood Products Australia Pty Ltd [2014] NSWCCA 264 Cole v Wenaline Pty Ltd [2010] NSWSC 78 Ragaa Haroun v Rail Corporation NSW [2008] NSWCA 192 Category: Principal judgment Parties: Woolstar Pty Ltd (Plaintiff) Gelsomina Lando (1st Defendant) President of the Personal Injury Commission of NSW (2nd Defendant) The Medical Appeal Panel (3rd Defendant) Representation: Counsel: L D Robison (Plaintiff) D Hooke SC/L Morgan (1st Defendant) Submitting appearances (2nd and 3rd Defendants)