Secretary, Department of Communities and Justice v Lewandowski [2023] NSWSC 334

Supreme Court New South Wales

Medium Neutral Citation: Secretary, Department of Communities and Justice v Lewandowski [2023] NSWSC 334 Hearing dates: 29 March 2023 Date of orders: 5 April 2023 Decision date: 05 April 2023 Jurisdiction: Common Law - Administrative Law Before: Griffiths AJ Decision: (1) The second defendant's decision dated 15 July 2022 be set aside. (2) The matter be remitted to the third defendant to enable the appeal to be redetermined according to law. (3) There be no order as to costs. Catchwords: ADMINISTRATIVE LAW – Review of medical assessment by Appeal Panel – Judicial review of Appeal Panel Decision – Assessment of whole person impairment – Deduction for previous injury or pre-existing condition or abnormality – Jurisdictional error and error of law on face of the record Legislation Cited: Supreme Court Act 1970 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Cole v Wenaline Pty Ltd [2010] NSWSC 78 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liq) [2013] NSWSC 365 Marks v Secretary, Department of Communities and Justice [2021] NSWSC 306 Marks v Secretary, Department of Communities and Justice (No 2) [2021] NSWSC 616 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 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: Secretary, Department of Communities and Justice (Plaintiff) Deborah Lewandowski (First Defendant) Paul Sweeney, Dr Patrick Morris and Dr Michael Hong as a Medical Appeal Panel (Second Defendant) President of the Personal Injury Commission of NSW (Third Defendant) Representation: Counsel: B McManamey (Plaintiff) P Stockley (First Defendant)