Glenn William Parker v Select Civil Pty Limited [2018] NSWSC 140

Supreme Court New South Wales

Medium Neutral Citation: Glenn William Parker v Select Civil Pty Limited [2018] NSWSC 140 Hearing dates: 27 September 2017 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Common Law - Administrative Law Before: Harrison AsJ Decision: The Court orders that:

(1) The Appeal Panel's medical assessment certificate and statement of reasons dated 18 April 2017 is set aside.

(2) The matter is remitted to the Workers Compensation Commission to be determined according to law.

(3) The defendant is to pay the plaintiff's costs on an ordinary basis. Catchwords: ADMINISTRATIVE LAW - judicial review – decision of Medical Appeal Panel – evaluation of permanent impairment – Appeal Panel revoked a "medical assessment certificate" and issued a new certificate - whether Appeal Panel substituted their own view without identifying a real error – Medical Appeal Panel failed to establish an error Legislation Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (Fourth edition, 1 April 2016) Workers Compensation Act 1987 (NSW) Workplace Injury Management & Workers Compensation Act 1998 (NSW) Cases Cited: Attorney General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Campbelltown City Council v Vegan [2004] NSWSC 1129 Ferguson v State of New South Wales & Ors [2017] NSWSC 887 Inghams Enterprises Pty Ltd v Lakovska [2014] NSWCA 194 Jenkins v Ambulance Service of New South Wales [2015] NSWSC 633 McGinn v Ashfield Council [2012] NSWCA 238 Merza v Registrar of the Workers Compensation Commission & Anor [2006] NSWSC 939 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 New South Wales Police Force v Registrar of the Workers Compensation Commission of New South Wales [2013] NSWSC 1792 NSW Police Force v Daniel Wark [2012] NSWWCCMA 36 Sanhueza v AAMI Limited [2010] NSWSC 774 Versace v Australia Best Tyres Auto Pty Ltd [2016] NSWSC 1540 Walsh v Parramatta City Council [2007] NSWLEC 255; (2007) 161 LGERA 118 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 40; [2013] HCA 43; 88 ALJR 52 Category: Principal judgment Parties: Glen William Parker (Plaintiff) Select Civil Pty Limited (First Defendant) Workers Compensation Commission of New South Wales (Second Defendant) The Medical Appeal Panel of the Workers Compensation Commission of New South Wales by Jane Peacock, Dr Julian Parmegiani and Dr Robert Gertler Representation: Counsel: MJ Perry (Plaintiff) PD Herzfeld with MT Sherman (First Defendant)