Ojinnaka v ITW Australia Pty Ltd [2011] NSWSC 208

Supreme Court New South Wales

Medium Neutral Citation: Ojinnaka v ITW Australia Pty Ltd [2011] NSWSC 208 Hearing dates: 17 March 2011 Decision date: 17 March 2011 Before: Adams J Decision: 1 The certificate is quashed. 2 The plaintiff's application is remitted to the Registrar for appropriate action and fresh assessment in accordance with the Act and these reasons. 3 The plaintiff is to have the costs of his summons. Catchwords: ADMINISTRATIVE LAW - Order in the nature of certiorari - Workplace Injury Management and Workers Compensation Act 1998 - WorkCover Guides for the Evaluation of Permanent Impairment - Applicant suffered frank injury during course of employment - Injury assessed by approved medical specialist disregarding functional overlay - Assessment not to be undertaken until the degree of permanent impairment is fully ascertainable - Unassessed functional overlay precluded full ascertainment of degree of permanent impairment - Certificate of assessment by medical specialist beyond power - Appeal Panel decision affirming medical specialist's assessment infected with same error. Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 s 121(4)(a) Texts Cited: American Medical Association's Guides for the Evaluation of Permanent Impairment 5th ed WorkCover Guides for the Evaluation of Permanent Impairment, 3rd ed, 5 February 2009, [1.21] Category: Principal judgment Parties: Jude Ojinnaka (P) ITW Australia Pty Ltd (D1) Registrar of the Workers Compensation Commission (D2) An Approved Medical Specialist (D3) An Appeal Panel (D4) Representation: Counsel: B K Nolan (P) I Todd (D1) Submitting appearances (D2 - 4) Solicitors: NSW Compensation Lawyers (P) TurksLegal (D1) I V Knight, Crown Solicitor (D2 - 4) File Number(s): 2010/87040