Crawford v The Registrar of the Workers Compensation Commission & Ors [2007] NSWSC 44

New South Wales Supreme Court

CITATION : Crawford v The Registrar of the Workers Compensation Commission & Ors [2007] NSWSC 44

HEARING DATE(S) : 29,30/01/2007

JUDGMENT DATE : 9 February 2007

JUDGMENT OF : James J at 1

DECISION : Summons dismissed

CATCHWORDS : Administrative Review - Workers Compensation - Workplace Injury Management and Workers Compensation Act 1998 - Appeal from assessment of approved medical specialist to appeal panel - Workcover Guildlines - AMA Guides to the assessment of permanent impairment - Discretion of appeal panel not to require further medical examination of plaintiff - Exercise by appeal panel of its discretion did not miscarry

LEGISLATION CITED : Workplace Injury Management and Workers Compensation Act 1998

Associated Provincial Picture Houses Limited v Wednesbury Corporation (1948) 1 KB 223 CASES CITED : Campbelltown City Council v Vegan [2004] NSWSC 1129 Campbelltown City Council v Vegan [2006] NSWCA 284

PARTIES : Robert James Crawford v The Registrar of the Workers Compensation Commission & Ors

FILE NUMBER(S) : SC 2006/30086

COUNSEL : PR Stockley - Plaintiff CM Egan 2nd Defendant

SOLICITORS : McCabe Partners Lawyers Hicksons Lawyers

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW

JAMES J

Friday 9 February 2007

2006/30086 CRAWFORD v THE REGISTRAR OF THE WORKERS COMPENSATION COMMISSION & ORS

JUDGMENT 1 HIS HONOUR In these proceedings the plaintiff Robert James Crawford seeks administrative review of a decision of the third defendant made on 15 May 2006. In the documents which have been filed in the proceedings the third defendant is described as Jane Peacock, Dr Scott Harbison, Dr Philippa Harvey-Sutton – Medical Appeals Panel Workers Compensation Commission. The first defendant in the proceedings is the Registrar of the Workers Compensation Commission. The second defendant is a company Australian Meat Holdings Pty Limited, which was the plaintiff's employer. The first defendant and the third defendant took no active part in the proceedings, the contesting parties being the plaintiff and the second defendant. 2 The final form of the document originating the proceedings is the first amended summons dated 24 July 2006 and filed on 1 August 2006. The only evidence in the proceedings, apart from some documentary evidence, is an affidavit by Mr David Terence McCabe, the plaintiff's solicitor, to which a number of documents were annexed. There was no cross-examination of Mr McCabe on his affidavit.