Western NSW Local Health District v Roberts [2023] NSWSC 452

Supreme Court New South Wales

Medium Neutral Citation: Western NSW Local Health District v Roberts [2023] NSWSC 452 Hearing dates: 21 April 2023 Date of orders: 3 May 2023 Decision date: 03 May 2023 Jurisdiction: Common Law Before: Griffiths AJ Decision: The amended summons dated 13 October 2022 is dismissed, with costs. Catchwords: ADMINISTRATIVE LAW – Review of medical assessment by Appeal Panel – Judicial review of Appeal Panel Decision – consideration of nature of appeals from medical assessor to Appeal Panel – fresh evidence before Appeal Panel – whether worker had reached maximum medical improvement Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Lancaster v Foxtel Management Pty Ltd [2022] NSWSC 929 New South Wales Land and Housing Corporation v Orr (2019) 100 NSWLR 578; [2019] NSWCA 231 Petrovic v BC Serv No 14 Pty Ltd [2007] NSWSC 1156 Searle v McGregor [2022] NSWCA 213; (2022) 405 ALR 556 Sleiman v Gadalla Pty Ltd [2021] NSWCA 236 Texts Cited: State Insurance Regulatory Authority, NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed, reissued 1 March 2021) Category: Principal judgment Parties: State of New South Wales (Western New South Wales Local Area Health District) (Plaintiff)

Owen Roberts (First Defendant) Deborah Moore, Nicholas Glozier and Patrick Morris in their capacity as a Medical Appeal Panel (Second Defendant) President of the Personal Injury Commission of NSW (Third Defendant) Representation: Counsel: D Baran (Plaintiff) R de Meyrick (First Defendant)