State of New South Wales v Wright [2023] NSWSC 757

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Wright [2023] NSWSC 757 Hearing dates: 27 June 2023 Date of orders: 4 July 2023 Decision date: 04 July 2023 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Set aside the decision of the Appeal Panel of the Personal Injury Commission dated 7 November 2022 and the Certificate of Determination issued by the Commission dated 2 December 2022. (2) Declare that the Appeal Panel erred in law in failing to find that in issuing the Medical Assessment Certificate dated 16 August 2022 the Commission exceeded its jurisdiction because the medical assessor did not give effect to the estoppel arising from the determination of the Workers Compensation Commission of 6 November 2020, Order 5. Catchwords: ADMINISTRATIVE LAW – judicial review – Appeal Panel of Personal Injury Commission – appeal from medical assessor – error of law as to jurisdiction – taking into account exacerbation of injury caused by later conduct of employer – effect of later conduct determined in favour of employer by earlier award WORKERS COMPENSATION – medical assessment – psychological injury – causation – bullying and harassment at work – award for worker as to conduct up to deemed date of injury – award for employer as to subsequent conduct – medical assessor took into account exacerbation of injury caused by later conduct of employer Legislation Cited: Crown Proceedings Act 1988 (NSW), s 5 Health Services Act 1997 (NSW), ss 17 (and Sch 1), 22, 115, 116 Personal Injury Commission Act 2020 (NSW), s 6 Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), ss 4, 9A, 11A, 15, 16, 65, 65A Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 293, Pt 7, ss 319, 322, 328 Cases Cited: Bouchmouni v Bakhos Matta t/as Western Red Services [2013] NSWWCCPD 4 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Seaib v Hays Personnel Services (Aust) Pty Ltd [2008] NSWWCCPD 36 Skates v Hills Industries Ltd [2021] NSWCA 142 Somanader v Minister for Immigration and Multicultural Affairs [2000] FCA 1192; (2000) 178 ALR 677 Texts Cited: NSW workers compensation guidelines for the evaluation of permanent impairment (4th ed, March 2021) Spencer Bower and Handley, The Doctrine of Res Judicata (4th ed, 2009, Lexis Nexis) Category: Principal judgment Parties: State of New South Wales (Plaintiff) Paul Wright (First Defendant) President, Personal Injury Commission of New South Wales (Second Defendant) Representation: Counsel: P Perry (Plaintiff) D Hooke SC / B McManamey (First Defendant)