State of New South Wales (NSW Department of Education) v Kaur [2016] NSWSC 346

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales (NSW Department of Education) v Kaur [2016] NSWSC 346 Hearing dates: 29 March 2016 Date of orders: 29 March 2016 Decision date: 29 March 2016 Jurisdiction: Common Law Before: Campbell J Decision: Summons filed on 16 October 2015 is dismissed. Catchwords: ADMINISTRATIVE LAW – administrative tribunals – Medical Appeal Panel convened under workers compensation legislation – whether error of law to fail to classify psychological injury as secondary or primary – whether classification is a question for the Commission not approved medical specialist

ADMINISTRATIVE LAW – administrative tribunals – Workers Compensation Medical Appeal Panel – sufficiency of statement reasons of medical assessor – whether medical assessor required to consider submissions and evidence contra to its decision

WORKERS' COMPENSATION – Workers Compensation Act – definition of "secondary psychological injury" – whether the phrase "physical injury" refers to personal injury arising out of or in the course of employment Legislation Cited: Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Bindah v Carter Holt Harvey Woodproducts Australia Pty Ltd [2014] NSWCA 264 Vitaz v Westform (NSW) Pty Ltd [2011] NSWCA 254 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; 252 CLR 480 Wishart v Fraser [1941] HCA 8; 64 CLR 470 Category: Consequential orders (other than Costs) Parties: State of New South Wales (Department of Education and Communities (Plaintiff); Charanjit Kaur (First Defendant); The Medical Appeal Panel of the Workers Compensation Commission of New South Wales (Second Defendant); Registrar of the Workers Compensation Commission of New South Wales (Third Defendant) Representation: Counsel: S Blount (Plaintiff); R E Welsh (Defendant)