Kempe v Complete Community Services Pty Ltd [2022] NSWSC 1095

Supreme Court New South Wales

Medium Neutral Citation: Kempe v Complete Community Services Pty Ltd [2022] NSWSC 1095 Hearing dates: 9 August 2022 Date of orders: 18 August 2022 Decision date: 18 August 2022 Jurisdiction: Common Law Before: Griffiths AJ Decision: (1) The summons filed on 3 February 2022 is dismissed. (2) The plaintiff pay the first defendant's costs, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – review of medical assessment by Appeal Panel – judicial review of appeal panel decision – assessment of whole person impairment – whether methodology employed by Appeal Panel in rounding was incorrect – adequacy of reasons of Appeal Panel WORKERS COMPENSATION – proceedings before Commission – medical assessment of whole person impairment – psychological injury – appeal Legislation Cited: Accident Compensation Act 1985 (Vic) Interpretation Act 1987 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Ballas v Department of Education (NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86 Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 Robbie v Strasburger Enterprises Pty Ltd t/as Quix Food Stores [2017] NSWSC 363 Ryder v Sundance Bakehouse [2015] NSWSC 526 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 487; [2013] HCA 43 Texts Cited: American Medical Association, Guides to the Evaluation of Permanent Impairment (5th ed, 2001) State Insurance Regulatory Authority, NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed, reissued 1 March 2021) Category: Principal judgment Parties: Peter Kempe (Plaintiff) Complete Community Services Pty Ltd (First Defendant) The President of the Personal Injury Commission of New South Wales (Second Defendant) Member R J Perrignon, Dr Julian Parmegiani and Dr Douglas Andrews as an Appeal Panel constituted under section 328 of the Workplace Injury Management and Workers Compensation Act 1998 (Third Defendant) Representation: Counsel: E G Romaniuk SC, E E Grotte (Plaintiff) C Roberts (First defendant)