Workers Compensation Nominal Insurer v Arcaba [2016] NSWSC 1647

Supreme Court New South Wales

Medium Neutral Citation: Workers Compensation Nominal Insurer v Arcaba [2016] NSWSC 1647 Hearing dates: 18 August 2016 Date of orders: 24 November 2016 Decision date: 24 November 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) Summons dismissed. (2) The Plaintiff is to pay the First Defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – workplace injury – challenge to medical assessment by appeal panel on review of approved medical specialist – prior assessment and appeal – where different assessment by approved medical specialist from assessment by first appeal panel – whether second appeal panel erred in understanding and exercising its jurisdiction – whether errors on the face of the record – errors in verbiage leading nowhere and not resulting in different outcome – approach to review of reasons – whether reasons adequate – obligations of specialist and appeal panel - whether need for specialist and appeal panel to explain differences from earlier assessments – whether decision so wrong as to be perverse – no error shown Legislation Cited: Accident Compensation Act 1985 (Vic) Motor Accidents Compensation Act 1999 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Allianz Australia Insurance Limited v Mackenzie & Ors [2014] NSWSC 67; (2014) 66 MVR 124 Campbelltown City Council v Vegan [2006] NSWCA 284; (2006) 67 NSWLR 372 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 Railcorp NSW v Registrar of the WCC of NSW [2013] NSWSC 231 Rodger v De Gelder [2015] NSWCA 211; (2015) 71 MVR 514 Wingfoot Australia Partners Pty Ltd v Eyup Kocak (2013) 252 CLR 480; [2013] HCA 43 Category: Principal judgment Parties: Workers Compensation Nominal Insurer (Plaintiff) Milenko Arcaba (First Defendant) Medical Appeal Panel of the Workers Compensation Commission of New South Wales consisting of Garth Brown, Dr John Ashwell and Dr Brian Noll (Second Defendant) Registrar of the Workers Compensation Commission of New South Wales (Third Defendant) Brooklyn Labour Pty Ltd (Fourth Defendant) Representation: Counsel: J W Dodd (Plaintiff) E Romaniuk SC & E Grotte (First Defendant) Submitting appearances (Second & Third Defendants) No appearance (Fourth Defendant)