Elsworthy v Forgacs Engineering Pty Ltd [2018] NSWSC 1638

Supreme Court New South Wales

Medium Neutral Citation: Elsworthy v Forgacs Engineering Pty Ltd [2018] NSWSC 1638 Hearing dates: 1 August 2018 Date of orders: 31 October 2018 Decision date: 31 October 2018 Jurisdiction: Common Law Before: Fagan J Decision: (1) Extension of time for the filing of the summons as against the fourth defendant, Dr David Lewington, is refused. (2) The summons is dismissed. (3)The plaintiff is to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – Workers Compensation Commission – Medical Appeal Panel – appeal against medical assessment certificate ("MAC") issued by Approved Medical Specialist ("AMS") – where MAC issued for nil whole person impairment following workplace accident – where claim by plaintiff that he developed complex regional pain syndrome ("CRPS") – diagnostic criteria for CRPS not met upon examination of plaintiff – whether incorrect criteria applied by AMS – whether Medical Appeal Panel should have conducted independent clinical examination of plaintiff – summons dismissed Legislation Cited: Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: N/A Texts Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (4th edition) Category: Principal judgment Parties: Stephen Elsworthy (plaintiff) Forgacs Engineering Pty Ltd, c/- Allianz Australia Workers Compensation (first defendant) Workers Compensation Commission (second defendant) The Medical Appeal Panel constituted by Mr Grahame Edwards, Professor Michael Fearnside and Dr Michael Davies (third defendant) The Approved Medical Specialist, Dr David Lewington (fourth defendant) Representation: Counsel: Mr E Romaniuk SC & Ms E Grotte (plaintiff) Mr L Robison (first defendant) Submitting appearances (second, third and fourth defendants)