Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053

Supreme Court New South Wales

Medium Neutral Citation: Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053 Hearing dates: 23 June 2016 Date of orders: 05 August 2016 Decision date: 05 August 2016 Before: Garling J Decision: (1) Order that the Certificate and Statement of Reasons issued by the third defendant on 6 October 2015 be set aside as being contrary to law. (2) Order that the matter be remitted to the second defendant for consideration and decision as to whom a referral ought be made for an assessment of the left lower extremity impairment of the plaintiff in accordance with the law. (3) Order the first defendant to pay the plaintiff's costs. Catchwords: WORKERS' COMPENSATION – medical assessment certificate – appeal to Appeal Panel – Workplace Injury Management and Workers Compensation Act 1998, ss 327, 328 – where Appeal Panel set aside medical assessment certificate of Approved Medical Specialist – where Appeal Panel did not make reference to the correct table in the guides to assessing permanent impairment – whether Appeal Panel's determination was contrary to law Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 Texts Cited: 3rd Edition of the WorkCover Guides to the Evaluation of Permanent Impairment 5th Edition of The Guides to the Evaluation of Permanent Impairment of the American Medical Association Category: Principal judgment Parties: Peter Drosd (P) Workers Compensation Nominal Insurer (D1) The Registrar of the Workers Compensation Commission of NSW (D2) Medical Appeal Panel (D3) Representation: Counsel: C Tanner (P) P Perry (D1) Submitting (D2) Submitting (D3)