Re Monger; Ex Parte Industrial Progress Corporation Pty Ltd trading as Roofmart WA

[2001] WASCA 281

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Workers' Compensation
2. › Degree of disability
3. › Dispute
4. › Review hearing and determination
5. › New evidence
6. › New claim for increased level of disability
7. › Whether res judicata applies to review determinations under Part IIIA
8. › Whether second review hearing an abuse of process
9. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 84Z, 93C, 93D, 93E
1. Practice and Procedure
2. › Prerogative relief
3. › Certiorari, mandamus and prohibition
4. › Discretionary considerations
5. › Whether relief should be refused where new evidence available and no injustice to respondent
1. Practice and Procedure
2. › Res judicata and abuse of process
3. › Applicability to statutory review determinations
4. › Whether administrative determination equivalent to final judgment of court of competent jurisdiction
5. › Henderson v Henderson principle

Quick Take

A review determination under Part IIIA of the Workers' Compensation and Rehabilitation Act 1981 (WA) as to a worker's relevant level of disability is unlikely to attract the doctrine of res judicata, and a second review hearing will not be prevented by prerogative relief where new medical evidence has become available and no injustice is caused to the employer. Psychiatric disorders consequent upon a compensable physical injury should not be excluded from disability assessments merely because they are not listed in Schedule 2 to the Act.