Pereira v Siemens Ltd [2015] NSWSC 1133

Supreme Court New South Wales

Medium Neutral Citation: Pereira v Siemens Ltd [2015] NSWSC 1133 Hearing dates: 31 July 2015 Date of orders: 21 August 2015 Decision date: 21 August 2015 Before: Garling J Decision: (1) Quash the whole of the decision made by the third defendant, the Medical Appeal Panel of the Workers Compensation Commission of NSW appointed pursuant to s 328(5) of the Workplace Injury Management and Workers Compensation Act 1998 made on 28 January 2015, and the Medical Assessment Certificate issued with the decision. (2) Declare, pursuant to s 69 of the Supreme Court Act 1970 that the Certificate and Statement of Reasons issued by the third defendant on 28 January 2015 is void and of no effect. (3) Remit the matter to the second defendant for the purpose of constituting an Appeal Panel under s 328(1) of the Workplace Injury Management and Workers Compensation Act 1998 to determine the matter according to law. (4) First defendant to pay the costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – workplace injury – industrial deafness – decision of Medical Appeal Panel – assessment of whole person impairment – deduction for pre-existing injury – whether adequate evidence to make a deduction for pre-existing condition – whether too difficult or costly to assess pre-existing injury Legislation Cited: Supreme Court Act 1970 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Uniform Civil Procedure Rules 2005 Cases Cited: Ambulance Service of NSW v Daniel [2000] NSWCA 116 Blayney Shire Council v Lobley (1995) 12 NSWCCR 52 Cole v Wenaline Pty Ltd [2010] NSWSC 78 Elcheikh v Diamond Formwork (NSW) Pty Ltd (In Liq) [2013] NSWSC 365 Fire & Rescue NSW v Clinen [2013] NSWSC 629 Matthew Hall Pty Ltd v Smart [2000] NSWCA 284 Ryder v Sundance Bakehouse [2015] NSWSC 526 Smith v Mann (1932) 47 CLR 426 Tame v Commonwealth Collieries Pty Ltd (1947) 47 SR (NSW) 269 Texts Cited: Not Applicable Category: Principal judgment Parties: Leslie Pereira (P) Siemens Ltd (D1) The Registrar of the Workers Compensation Commission (D2) Medical Appeal Panel (D3) Representation: Counsel: E Romaniuk SC / E Grotte (P) J Dodd (D1) Submitting appearances (D2, D3)