Roads and Maritime Services v Rodger Wilson [2016] NSWSC 1499

Supreme Court New South Wales

Medium Neutral Citation: Roads and Maritime Services v Rodger Wilson [2016] NSWSC 1499 Hearing dates: 14 October 2016 Date of orders: 14 October 2016 Decision date: 14 October 2016 Jurisdiction: Common Law - Administrative Law Before: Fagan J Decision: 1. Declare pursuant to s 69 of the Supreme Court Act (NSW) that the Medical Assessment Certificate and statement of reasons for decision of the third defendant issued on 8 April 2016 are void and of no effect.

2. The medical dispute is remitted to the Workers Compensation Commission of New South Wales for referral to a Medical Appeal Panel pursuant to s 328(1) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) to determine the appeal from the Medical Assessment Certificate of Dr Tim Anderson issued 9 November 2015, according to law.

3. The first defendant is to pay the plaintiff's costs of these proceedings. Catchwords: JUDICIAL REVIEW – workers' compensation – appeal against decision of Appeal Panel – Appeal Panel set aside Medical Assessment Certificate of approved medical specialist – scope of Appeal Panel to re-assess whole person impairment – whether jurisdiction of Appeal Panel to reissue a Medical Assessment Certificate is limited to only those portions of assessment which were disputed on appeal – distinction between decision to revoke and decision to issue a new certificate – Workplace Injury Management and Workers Compensation Act 1988 (NSW), ss 287, 278 Legislation Cited: Supreme Court Act 1970 (NSW) Workers Compensation Commission Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Campbelltown City Council v Vegan (2006) 67 NSWLR 372; [2006] NSWCA 284 Drosd v Workers Compensation Nominal Insurer [2016] NSWSC 1053 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Category: Principal judgment Parties: Roads and Maritime Services (plaintiff) Rodger Wilson (1st defendant) Representation: Counsel: Ms Eraine Grotte (plaintiff) No appearance (1st defendant)