Mirarchi v CPA Australia Ltd [2017] NSWSC 1161

Supreme Court New South Wales

Medium Neutral Citation: Mirarchi v CPA Australia Ltd [2017] NSWSC 1161 Hearing dates: 24 August 2017 Decision date: 31 August 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Set aside the decision of the fourth defendant made on 15 November 2016, purporting to confirm the medical certificate issued by the third defendant pursuant to s 328 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) on 9 August 2016 (the Medical Certificate).

(2) Set aside the Medical Certificate referred to in order (1) above.

(3) Set aside the Determination of the Workers Compensation Commission of New South Wales made by the second defendant on 20 December 2016 confirming the assessment of 1% permanent impairment.

(4) Remit the matter back to the second defendant to be determined in accordance with law.

(5) Order the first defendant to pay the plaintiff's costs of the proceedings. Catchwords: APPEAL – work-related injury – medical dispute re degree of permanent impairment but not causation –wording of notice of dispute pursuant to s 74 of Workplace Injury Management and Workers Compensation Act 1998 (NSW) ambiguous – Medical Assessor determined causation and excluded from assessment of degree of permanent impairment certain body parts in respect of which no dispute – Appeal Panel upheld decision of Medical Assessor HELD – jurisdictional error in misapprehending ambit of dispute between parties – parties agreement that relief ought be granted – Original Certificate, decision of Appeal Panel and Determination set aside – remitted to Registrar to be dealt with in accordance with law Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Workers Compensation Act 1987 (NSW), ss 66, 66A Workers Compensation Legislation Amendment Act 2012 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 74, 288, 289, 319, 327, 328 Cases Cited: Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250 Motor Accidents Authority of NSW v Mills (2010) 78 NSWLR 125; [2010] NSWCA 82 Category: Principal judgment Parties: Clara Mirarchi (Plaintiff) CPA Australia Ltd (ACN 008 392 452) (First Defendant) The Registrar of the Workers Compensation Commission of New South Wales (Second Defendant) Dr Donald K Faithfull, Approved Medical Specialist of the Workers Compensation Commission of New South Wales (Third Defendant) The Medical Appeal Panel of the Workers Compensation Commission of New South Wales (Fourth Defendant) Representation: Counsel: R Hanrahan (Plaintiff) MH Best (First Defendant)