RE ROBERT JOHN GILLETT, JOHN LOUIS QUINTNER and RODNEY MAXWELL MOORE as members of a Medical Assessment Panel constituted under the Workers' Compensation and Rehabilitation Act 1981 (As Amended); EX PARTE RUSICH

[2001] WASCA 111

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Medical Assessment Panel
3. › Determination of degree of disability
4. › Methodology for assessing permanent loss of efficient use of body part
5. › Whether panel erred by adopting percentage impairment figures from external guides rather than making independent medical assessment
6. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 25, 145A, 145D, 145E, Sch 2 Item 36A
1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Error of law on face of record
5. › Reasons forming part of record
6. › Whether statutory obligation to give reasons makes reasons part of record available for review
7. › Workers' Compensation and Rehabilitation Act 1981 (WA), s 145E(3)
1. Administrative Law
2. › Reasons for decision
3. › Adequacy of reasons
4. › Statutory obligation to give reasons
5. › Content required of reasons given by medical assessment panel
6. › Whether failure to give adequate reasons constitutes error of law on face of record
1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Excess of jurisdiction
5. › Whether panel answered a different question to that referred to it

Quick Take

Medical assessment panels under the Workers' Compensation and Rehabilitation Act 1981 (WA) may inform themselves from medical literature including the US Guide and AMA Guide, but must not adopt specific percentage impairment figures or pre-determined formulae from those guides when assessing permanent loss of efficient use of a body part under Schedule 2. The panel must make an independent medical assessment based on the medical evidence before it and its own examination. Reasons given by a panel under s 145E(3) must include an analysis of what medical evidence was accepted, findings on examination, the extent to which work-caused injury contributed to the condition, and the ultimate disability assessment.