Kuzet v The Registrar of the Workers Compensation Commission [2015] NSWSC 4

Supreme Court New South Wales

Medium Neutral Citation: Kuzet v The Registrar of the Workers Compensation Commission [2015] NSWSC 4 Hearing dates: 20 June 2014 Date of orders: 20 January 2015 Decision date: 30 January 2015 Jurisdiction: Common Law Before: McCallum J Decision: Time for commencing proceedings extended; proceedings dismissed Catchwords: WORKERS COMPENSATION – claim for permanent impairment compensation – application for judicial review of determination of Appeal Panel confirming assessment of degree of permanent impairment – whether jurisdictional error established – where plaintiff presenting with abnormal illness behaviour – whether open to find degree of permanent impairment fully ascertainable. Legislation Cited: Supreme Court Act 1970, s 69 Workers Compensation Act 1987, s 65 Workplace Injury Management and Workers Compensation Act 1998, s 121(4), s 327 Uniform Civil Procedure Rules 2005, r 59.10(2) Cases Cited: Ojinnaka v ITW Australia Pty Ltd [2011] NSWSC 208 Category: Principal judgment Parties: Stevanija Kuzet (plaintiff) The Registrar Workers Compensation Commission (first defendant) South Western Sydney Local Health District (incorrectly sued as Sydney South West Area Health Service) (second defendant) The Appeal Panel of the Workers Compensation Commission (third defendant) Representation: Counsel: B Nolan (plaintiff) D Stanton (second defendant)

Solicitors: I V Knight, Crown Solicitor (first and third defendants, submitting appearance) File Number(s): 2013/153670 Publication restriction: None