NSW Caselaw
New South Wales Supreme Court
CITATION : Ronald Leslie THOMSON v WORKCOVER AUTHORITY OF NEW SOUTH WALES [2004] NSWSC 282 HEARING DATE(S) : 1/4/04 JUDGMENT DATE : 30 June 2004
JUDGMENT OF : Bell J at 1 DECISION : 1. Declare that the WorkCover Guides for the Evaluation of Permanent Impairment are beyond power to the extent to which they purport to impose a requirement that a registered medical practitioner who has undertaken training in the use of the WorkCover Guides is not entitled to carry out assessments of permanent impairment under the Workers Compensation Acts, unless he or she has 'qualifications in the relevant medical speciality'; 2. The defendant is to pay the plaintiff's costs.
Interpretation Act 1987 LEGISLATION CITED : Medical Practice Act 1992 Workers Compensation Legislation Amendment Act 2001 Workplace Injury Management and Workers Compensation Act 1998 Brown v West (1987-1988) 169 CLR 195 CASES CITED : The Commonwealth and the Postmaster-General v The Progress Advertising and Press Agency Proprietary Ltd (1910) 10 CLR 457 Paull v Munday (1976) 50 ALJR 551 PARTIES : Ronald Leslie THOMSON (Plaintiff) WORKCOVER AUTHORITY OF NEW SOUTH WALES (Defendant) FILE NUMBER(S) : SC 30107/03 COUNSEL : J Basten QC / S Beckett (Plaintiff) N Williams SC / P Singleton (Defendant) SOLICITORS : Larbalestier & Co (Plaintiff) I V Knight (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
BELL J
Wednesday 30 June 2004
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