Siddik v WorkCover Authority of New South Wales & 2 Ors [2007] NSWSC 129

New South Wales Supreme Court

CITATION : Siddik v WorkCover Authority of New South Wales & 2 Ors [2007] NSWSC 129

HEARING DATE(S) : 26/02/2007

JUDGMENT DATE : 1 March 2007

JUDGMENT OF : Associate Justice Malpass

DECISION : The proceedings are dismissed. The Plaintiff is to pay the costs of the proceedings.

CATCHWORDS : Appeal Panel - "appeal", "to be heard" and injured worker entitled "to be accompanied" by a person - an adversarial hearing not intended - review of original medical assessment - practice direction - on the papers review by agreement - application of DRE Cervical Category II (including Table 15-5).

LEGISLATION CITED : Supreme Court Act 1970 (NSW) Workplace Injury Management and WOrkers Compensation Act 1998 (NSW)

CASES CITED : Aircon Pty Limited v Registrar of the Workers Compensation Commission of NSW & Anor [2006] NSWSC 322 Estate of Joseph Heinrich Brockmann v Brockmann Metal Roofing Pty Limited & Ors [2006] NSWSC 235

Hussein Hussein Siddik PARTIES : WorkCover Authority of New South Wales Registrar of the Workers Compensation Commission An Appeal Panel Constituted Under Section 328 of the Workplace Injury Management and Workers Compensation Act 1998

FILE NUMBER(S) : SC 30057/06

COUNSEL : Mr C. Jackson (Pl) Mr F. Doak (1st Def)

SOLICITORS : M.D.DI RE (Pl) WorkCover legal Group (1st Def)

LOWER COURT JURISDICTION : Workers Compensation Commission

LOWER COURT FILE NUMBER(S) : 19367-04

LOWER COURT JUDICIAL OFFICER : Appeal Panel

LOWER COURT DATE OF DECISION : 27/03/2006

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