Midson v Workers Compensation Commission & Ors [2016] NSWSC 1352

Supreme Court New South Wales

Medium Neutral Citation: Midson v Workers Compensation Commission & Ors [2016] NSWSC 1352 Hearing dates: 10 August 2016 Decision date: 23 September 2016 Jurisdiction: Common Law - Administrative Law Before: N Adams J Decision: (1) Quash the decision of the second defendant on 31 March 2016. (2) The plaintiff has leave to approach the Court within 14 days to list the matter for further argument concerning the issue of costs. Catchwords: ADMINISTRATIVE LAW – workers compensation – judicial review of decision of Medical Appeal Panel of the Workers Compensation Commission – where Panel directed that worker attend a second assessment with an approved medical specialist prior to making finding of demonstrable error – whether error of law on the face of the record – whether jurisdictional error

ADMINISTRATIVE LAW – workers compensation – whether Medical Appeal Panel failed to confine itself to grounds of appeal – construction of s 323 of the Workplace Injury and Management and Workers Compensation Act 1998 (NSW) – whether grounds of appeal include submissions Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules (NSW), rr 59.10 Workers Compensation Act 1987 (NSW), s 151H Workers Compensation Legislation Amendment Act 2010 (NSW) Workplace Injury and Management and Workers Compensation Act 1998 (NSW), ss 322, 325, 327, 328, 378 Workers Compensation Legislation Amendment Act 2010 (NSW) Cases Cited: ASIC v Farley (2001) 51 NSWLR 494; [2001] NSWSC 326 Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 1416 Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053 Ingham Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Ingham Enterprises Pty Ltd v Valentina Lakovska [2013] NSWSC 1489 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Merza v Registrar of the Workers Compensation Commission [2006] NSWSC 939 New South Wales Police Force v Registrar of the Workers Compensation Commission [2013] NSWSC 1792 Siddik v WorkCover Authority of NSW [2008] NSWCA 116 Trustees of the Roman Catholic Church for the Diocese of Bathurst v Dickinson [2016] NSWSC 101 The UGL Rail Services Pty Ltd (formerly United Group Rail Services Pty Ltd v Attard [2016] NSWSC 911 Texts Cited: Workers Compensation Guide to the Assessment of Permanent Incapacity, 3rd Edition Category: Principal judgment Parties: John Midson (Plaintiff) Workers Compensation Commission (First Defendant) Medical Appeal Panel of the Workers Compensation Commission (Second Defendant) Enerka Apex Belting Pty Limited (Third Defendant) Representation: Counsel: Mr P Stockley (Plaintiff)