NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Mercy Centre Lavington Ltd v Kiely & Ors [2017] NSWSC 1234 Hearing dates: 18 August 2017 Date of orders: 14 September 2017 Decision date: 14 September 2017 Jurisdiction: Common Law Before: Wilson J Decision: (1) The decision of the Medical Appeal Panel in matter number M1-003761/16 dated 15 March 2017 is set aside.
(2) Remit the matter to the third defendant for determination of the first defendant's appeal by a differently constituted Appeal Panel pursuant to s 328(1) Workplace Injury Management and Workers Compensation Act 1998 (NSW); and
(3) The first defendant to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW – Judicial review – workplace injury – statutory assessment made by medical appeal panel – limitations of a medical appeal panel – error of law identified Legislation Cited: Supreme Court Act 1970 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Cullen v Woodbrae Holdings Pty Ltd [2015] NSWSC 1416 Ferguson v State of New South Wales & Ors [2017] NSWSC 887 Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 NSW Police Force v The Registrar of the Workers Compensation Commission of NSW [2013] NSWSC 1792 Texts Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, Fourth Edition, April 2016 Category: Principal judgment Parties: Mercy Centre Lavington Ltd - Plaintiff
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