Lower Court Medium Neutral Citation:

[2009] NSWCA 181

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Medical assessment
3. › Appeal to Appeal Panel
4. › Scope of review
5. › Whether Appeal Panel confined to grounds of appeal
6. › Whether Panel bound to give parties opportunity to be heard on new issues raised by Panel
7. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 322, 323, 327, 328
1. Administrative Law
2. › Procedural fairness
3. › Administrative body determining rights
4. › Deciding case on basis not argued by parties
5. › Whether body bound to give parties opportunity to be heard on new issues
1. Workers Compensation
2. › Medical assessment
3. › Appeal to Appeal Panel
4. › Additional evidence
5. › Whether respondent to appeal may adduce fresh evidence
6. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 328(3)

Quick Take

An Appeal Panel conducting a review of a Medical Assessment Certificate is not confined to the grounds of appeal but must give the parties an opportunity to be heard before deciding issues not raised in the appeal. A respondent to an appeal from a MAC cannot introduce additional evidence except in reply to evidence introduced by the appellant. The Appeal Panel cannot entertain a cross-appeal unless it has been referred to them by the Registrar.