Quintiliani-Johns v Secretary, Department of Education [2024] NSWSC 1200

Supreme Court New South Wales

Medium Neutral Citation: Quintiliani-Johns v Secretary, Department of Education [2024] NSWSC 1200 Hearing dates: 8 August 2024 Date of orders: 25 September 2024 Decision date: 25 September 2024 Jurisdiction: Common Law Before: Mitchelmore J Decision: (1) Set aside the decision of the third defendant dated 23 November 2023, and the Certificate of the Personal Injury Commission dated 9 January 2024. (2) The matter be remitted to the second defendant for referral to a differently constituted appeal panel under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) to be determined according to law. (3) There be no order as to costs. Catchwords: WORKERS COMPENSATION — referral of dispute as to degree of whole person impairment to a medical assessor — whether Appeal Panel failed to consider the worker's submissions — whether Appeal Panel erred by considering its own view as to the rating of impairment WORKERS COMPENSATION — deduction for previous injury or pre-existing condition or abnormality — where worker's pre-existing condition was symptomatic before the onset of work-related stressors — whether the Appeal Panel applied the correct test to determine extent of deduction Legislation Cited: Workers Compensation Act 1987 (NSW), Pt 3, Div 4 Workplace Injury Management and Workers Compensation Act 1998 (NSW), Ch 7, Pt 7 Cases Cited: Ballas v Department of Education (State of NSW) (2020) 102 NSWLR 783; [2020] NSWCA 86 Coca-Cola Europacific Partners API Pty Ltd v Pombinho [2024] NSWCA 191 Cole v Wenaline Pty Ltd [2010] NSWSC 78 Day v SAS Trustee Corporation [2021] NSWCA 71 Elcheikh v Diamond Formwork (NSW) Pty Ltd (in liq) [2013] NSWSC 365 Ferguson v State of New South Wales [2017] NSWSC 887 Fisher v Nonconformist Pty Ltd [2024] NSWCA 32 Jenkins v Ambulance Service of New South Wales [2015] NSWSC 633 Marks v Secretary, Department of Communities and Justice (No 2) [2021] NSWSC 616 Ryder v Sundance Bakehouse [2015] NSWSC 526 Secretary, Department of Communities and Justice v Lewandowski [2023] NSWSC 334 Secretary, Department of Communities and Justice v Taane [2024] NSWSC 54 State of New South Wales v Wright [2023] NSWSC 757 Vannini v Worldwide Demolitions Pty Ltd [2018] NSWCA 324 Texts Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th ed) Category: Principal judgment Parties: Flavia Quintiliani-Johns (Plaintiff) Secretary, Department of Education (First Defendant) President of the Personal Injury Commission of New South Wales (Second Defendant) Member Richard Perringnon, Dr Michael Hong and Dr Douglas Andrews as an Appeal Panel constituted under s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (Third Defendant) Representation: Counsel: J Mrsic (Plaintiff) G Young (First Defendant)