Cameron v The Registrar of the Workers Compensation Commission of New South Wales [2008] NSWSC 704

New South Wales Supreme Court

CITATION : Cameron v The Registrar of the Workers Compensation Commission of New South Wales [2008] NSWSC 704

HEARING DATE(S) : 19 February 2008

JUDGMENT DATE : 14 July 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) The reconsideration of the matters arising under s 327(4) of the Workplace Injury Management and Workers Compensation Act 1998 by the delegate of the Registrar, Mr Wayne Wormald, issued on 5 February 2007 in matter number 6209-2005 between Plymold Seating Pty Ltd trading as Brookvale Tyres and Michael Cameron, be quashed. DECISION : (ii) The assessment of the Medical Appeal Panel dated 6 March 2007 in matter number 6209-2005, being an appeal by Plymold Seating Pty Ltd trading as Brookvale Tyres in relation to an application for assessment by Michael Cameron, be quashed. (iii) The application by the aforesaid Plymold Seating Pty Ltd trading as Brookvale Tyres, for reconsideration of the refusal of the Registrar to allow to proceed an appeal, by the aforesaid Plymold Seating Pty Ltd trading as Brookvale Tyres, against the medical assessment of 4 November 2005, be remitted to the Registrar to deal with in accordance with law. (iv) Liberty to apply in relation to costs and any consequential order.

CATCHWORDS : ADMINISTRATIVE LAW – workers compensation – satisfaction of Registrar that ground of appeal exists or is made out – reconsideration of decisions under s 378 – assessment of whole person impairment – deductions for previous injury – role of Medical Appeal Panel - WORKERS COMPENSATION – appeal against medical assessment – role of Registrar in allowing appeal to proceed – reconsideration of decision – role of Medical Appeal Panel – not de novo hearing – requirement to find error.