Marina PITSONIS V REGISTRAR OF THE WORKERS COMPENSATION COMMISSION & ANOR [2008] NSWCA 88

New South Wales Court of Appeal

CITATION: Marina PITSONIS V REGISTRAR OF THE WORKERS COMPENSATION COMMISSION & ANOR [2008] NSWCA 88

HEARING DATE(S): 29 January 2008

JUDGMENT DATE: 9 May 2008

JUDGMENT OF: Mason P at 1; McColl JA at 63; Bell JA at 64

DECISION: Grant leave to appeal but the appeal is dismissed with costs.

CATCHWORDS: WORKERS COMPENSATION – Proceedings to obtain compensation – determinations of claims – medical examinations – submission to medical examination – where approved medical specialist assessed impairment at less than 15% – where percentage impairment contested - WORKERS COMPENSATION – Proceedings to obtain compensation – determinations of claims – jurisdiction of courts, tribunals, commissions and boards – whether arguable grounds of appeal from assessment of approved medical specialist in a Medical Assessment Certificate – whether error in conclusion of Registrar's Delegate that there were no arguable grounds of appeal – demonstrable error – incorrect criteria – Workplace Injury Management and Workers Compensation Act 1998, s327

LEGISLATION CITED: Workplace Injury Management and Workers Compensation Act 1998

CATEGORY: Principal judgment

Riverina Wines Pty Ltd v Registrar of the Workers Compensation Commission [2007] NSWCA 149, (2007) 4 DDCR 607 Pitsonis v Registrar of the Workers Compensation Commission & Anor [2007] NSWSC 50 Minister for Immigration and Ethnic Affairs v Wu (1996) 185 CLR 259 CASES CITED: Collector of Customs v Pozzolanic (1993) FCR 28 Campbelltown City Council v Vegan [2004] NSWSC 1129 Campbelltown City Council v Vegan (2006) 67 NSWLR 372, [2006] NSWCA 284 Merza v Registrar of the Workers Compensation Commission [2006] NSWSC 939