Maricic v The Registrar, Workers Compensation Commission

[2011] NSWCA 42

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Medical assessment
3. › Appeal against decision of approved medical specialist
4. › Further medical examination by approved medical specialist on appeal panel
5. › Report of examination adverse to applicant
6. › Whether obligation to disclose findings to applicant before acting on them
7. › Whether denial of procedural fairness
8. › Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 324, 327, 328
1. Administrative Law
2. › Procedural fairness
3. › Content of obligation
4. › Decision-maker using own expertise
5. › Whether adverse findings of expert member of tribunal must be disclosed to party before being acted upon
6. › Distinction between issues previously raised and new issues

Quick Take

A Medical Appeal Panel under the WIM Act is not generally required to disclose to an applicant the clinical examination findings of an approved medical specialist member before acting on them, provided the adverse findings relate to issues previously raised in the proceedings. However, if such findings reject the applicant's case on a basis not previously raised and not addressed in the applicant's material, procedural fairness may require disclosure and an opportunity to respond.