Sakr v Merrylands Christian Preschool Association Inc [2022] NSWSC 768

Supreme Court New South Wales

Medium Neutral Citation: Sakr v Merrylands Christian Preschool Association Inc [2022] NSWSC 768 Hearing dates: 9 June 2021 Date of orders: 16 June 2022 Decision date: 16 June 2022 Jurisdiction: Common Law Before: Garling J Decision: See [67] Catchwords: WORKERS COMPENSATION — medical assessment — medical dispute — referral of medical dispute for assessment by Approved Medical Specialist — degree of permanent impairment as a result of an injury — scope of referral ADMINISTRATIVE LAW — whether reviewable error of law — error of law on the face of the record Legislation Cited: Supreme Court Act 1970, s 69 Personal Injury Commission Act 2020, Sch 1, s 14C Workers Compensation Act 1987, s 66 Workplace Injury Management and Workers Compensation Act 1998, Ch 7, Pts 5, 7 Cases Cited: Aircons Pty Ltd v Registrar of the Workers Compensation Commission (NSW) [2006] NSWSC 322 Bindah v Carter Holt Harvey Wood Products Australia Pty Ltd [2014] NSWCA 264 Cincotta v Police Citizens Youth Clubs NSW Ltd [2018] NSWSC 1588 Dening v Oltoy Pty Ltd t/as Noble Toyota [2014] NSWSC 1224 Jaffarie v Quality Castings Pty Ltd [2018] NSWCA 88 Skates v Hills Industries Ltd [2020] NSWSC 837 Skates v Hills Industries Ltd [2021] NSWCA 142 Texts Cited: Not applicable Category: Principal judgment Parties: Joanna Sakr (P) Merrylands Christian Preschool Association Inc (D1) A Medical Appeal Panel Constituted by Member John Harris, Dr Sophia Lahz and Dr James Bodel (D2) The President of the Personal Injury Commission of New South Wales (D3) Representation: Counsel: B McManamey with D Epstein (P) C Roberts (D1) No appearance (D2, D3)