Siddik v WorkCover Authority of NSW [2008] NSWCA 116

New South Wales Court of Appeal

CITATION: Siddik v WorkCover Authority of NSW [2008] NSWCA 116

HEARING DATE(S): 7 February 2008

JUDGMENT DATE: 30 May 2008

JUDGMENT OF: Mason P at 1; Giles JA at 2; McColl JA at 15

DECISION: 1. Grant leave to appeal. 2. Notice of appeal to be filed within 7 days. 3. Appeal allowed. 4. Judgment and orders of his Honour, Associate Justice Malpass set aside and in lieu thereof: (i) quash the decision of the Third Respondent, dated 27 March 2006; (ii) remit the matter to the Appeal Panel to be dealt with according to law. 5. First respondent to pay the appellant's costs of the appeal and of the hearing before Associate Justice Malpass. 6. Save as to order 5, no order as to costs.

CATCHWORDS: WORKERS COMPENSATION — claim for workers compensation — dispute about level of permanent impairment — injured worker referred for assessment by approved medical specialist — medical assessment certificate issued — Registrar permitted challenge to certificate to proceed to an Appeal Panel on specified grounds — Appeal Panel determined appeal on grounds not raised by either party — Nature and scope of appeal by way of review — Workplace Injury Management and Workers Compensation Act 1998, s 328 - ADMINISTRATIVE LAW – statutory review — procedural fairness — whether Appeal Panel obliged to inform parties if proposed to determine appeal on new grounds

Compensation Court Act 1984 Racing Appeals Tribunal Act 1983 Supreme Court Act 1970 LEGISLATION CITED: Workers Compensation Act 1987 Workers Compensation Legislation Amendment (Miscellaneous Provisions) Act 2005 Workplace Injury Management and Workers Compensation Act 1998 Conciliation and Arbitration Act 1904 (Cth) WorkCover Medical Assessment Guidelines