Maricic v The Registrar, Workers Compensation Commission [2011] NSWCA 42

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maricic v The Registrar, Workers Compensation Commission [2011] NSWCA 42 Hearing dates: 15 December 2010 Decision date: 11 March 2011 Before: Beazley JA at 1; Hodgson JA at 2; Campbell JA at 43 Decision: (1) Leave to appeal granted, Notice of Appeal to be filed within fourteen days. (2) Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: WORKERS' COMPENSATION - Medical assessment - Appeal against decision of approved medical specialist - Further medical examination by approved medical specialist on the appeal panel - Report of examination adverse to applicant provided to appeal panel - Report adverse in a respect previously put in issue - Report not shown to applicant prior to being acted on by appeal panel - Obligation of appeal panel to afford procedural fairness - In circumstances, no breach of obligation to afford procedural fairness. Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 s 3, s 293, s 324, s 327, s328 Cases Cited: Estate of Brockmann v Brockmann Metal Roofing Pty Limited [2006] NSWSC 235 Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Maricic v Registrar, Workers Compensation Commission [2009] NSWSC 925 Plaintiff M61-2010E v Commonwealth of Australia [2010] HCA 41 Saeed v Minister for Immigration and Citizenship [2010] HCA 23 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Skillen v MKT Removals Pty Ltd [2007] NSWSC 608 Twist v Randwick Municipal Council (1976) 136 CLR 106 Category: Principal judgment Parties: Biserka MARICIC (applicant) THE REGISTRAR, WORKERS COMPENSATION COMMISSION (first respondent) Janice CONNELLY, Dr Mark BURNS and Dr Albert BENCSIK together consulting the Medical Appeal Panel of the Workers Compensation Commission appointment pursuant to s 324(4) of the Workplace Injury Management and Workers Compensation Act 1988 (NSW) (second respondent) LYNCH MANUFACTURING NSW PTY LIMITED (third respondent) Representation: Counsel: R P L LANCASTER SC/ B NOLAN (appellant) Submitting appearances (first and second respondents) P R STOCKLEY (third respondent) Solicitors: NSW Compensation Lawyers (appellant) I V Knight - Crown Solicitors Office (first and second respondents) Edwards Michael Lawyers (third respondent) File Number(s): CA 2009/298574 Publication restriction: None Decision under appeal Citation: Maricic V Registrar, Workers Compensation Commission [2009] NSWSC 925 Date of Decision: 2009-09-08 00:00:00 Before: Harrison AsJ File Number(s): SC 30107/08