Johnson v NSW Workers Compensation Commission [2019] NSWSC 347

Supreme Court New South Wales

Medium Neutral Citation: Johnson v NSW Workers Compensation Commission [2019] NSWSC 347 Hearing dates: 1 April 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Pursuant to s 69 of the Supreme Court Act 1970, the decision of the second defendant made on 18 July 2018 is quashed. (2) Order that the matter be remitted to the first defendant to be dealt with in accordance with law. (3) Third defendant to pay the plaintiff's costs of these proceedings. Catchwords: ADMINISTRATIVE LAW - Judicial Review - Workplace Injury Management and Workers Compensation Act 1998 (NSW) - whether Medical Appeal Panel was correct to apportion whole person impairment – whether the Medical Appeal Panel has to identify and state its diagnosis of the plaintiff's condition Legislation Cited: Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Government Insurance Office of NSW v Aboushadi [1999] NSWCA 396; (1999) Aust Torts Reports 81‑531 Nicol v Macquarie University [2018] NSWSC 530 Texts Cited: NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment (Fourth Edition, 1 April 2016) Diagnostic and Statistical Manual of Mental Disorders (DSM-5) International Statistical Classification of Diseases and Related Health Problems (ICD-10) Category: Principal judgment Parties: Elaine Johnson (P) NSW Workers Compensation Commission (D1) Glenn Capel, Professor Nicholas Glozier, Dr Julian Parmegiani as members of the Medical Appeal Panel of the Workers compensation Commission of NSW (D2) Secretary NSW Department of Education (D3) Representation: Counsel: P Stockley (P) Submitting (D1, D2) L Morgan (D3)