George v Nisselle

[2005] VSC 177

Supreme Court of Victoria

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Failure to consider relevant material
5. › Whether Medical Panel failed to consider independent medical examiner's opinion
6. › Whether Panel failed to address correct issue
7. › Accident Compensation Act 1985 (Vic), ss 67, 68, 98E, 104B
1. Administrative Law
2. › Judicial review
3. › Adequacy of reasons
4. › Medical Panel opinion
5. › Whether reasons sufficient to enable parties to understand reasoning
6. › Whether failure to refer to particular evidence in reasons demonstrates failure to consider it
1. Workers' Compensation
2. › Permanent impairment
3. › Total loss of use
4. › Medical Panel determination
5. › Assessment under s.98E Table
6. › Accident Compensation Act 1985 (Vic), ss 91, 98C, 98E, 104B

Quick Take

A Medical Panel's failure to expressly refer to a particular medical opinion in its reasons does not establish that the opinion was not considered, where the certificate and reasons read in context demonstrate the Panel addressed the relevant issues and rejected the opinion. The Panel's reasons must be read in context, taking into account the background documentation and the real issues for determination.