Inghams Enterprises Pty Limited v Valentina Lakovska [2013] NSWSC 1489

Supreme Court New South Wales

Medium Neutral Citation: Inghams Enterprises Pty Limited v Valentina Lakovska [2013] NSWSC 1489 Hearing dates: 1 February 2013 Decision date: 11 October 2013 Jurisdiction: Common Law Before: Hidden J Decision: Summons dismissed Catchwords: WORKERS COMPENSATION - medical examination - appeal to Appeal Panel from medical assessment certificate - whether Appeal Panel failed to confine itself to the ground of appeal found by the registrar - whether the Panel approached the appeal as a hearing de novo rather than a rehearing. Legislation Cited: - Workplace Injury Management Workers & Compensation Act 1998 - Workers Compensation Legislation Amendment Act 2010 Cases Cited: Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Category: Principal judgment Parties: Inghams Enterprises Pty Limited (plaintiff) Valintina Lakovska (1st defendant) An Appeal Panel of the Workers Compensation Commission constituted pursuant to s 328(1) of the Workplace Injury Management and Workers Compensation Act 1998 (2nd defendant) The Registrar of the Workers Compensation Commission (3rd defendant) Representation: Counsel: Mr C Jackson (plaintiff) Ms M Allars with Mr L Morgan Solicitors: Paul H Macken - Leigh Virtue & Associates (plaintiff) Martin H F Bell - Martin Bell & Co, Solicitors (1st defendant) I V Knight, Crown Solicitor (2nd defendant) I V Knight, Crown Solicitor (3rd defendant) File Number(s): 2012/153477