ADMINISTRATIVE LAW — whether reviewable error of law — jurisdictional error — where approved medical specialist made assessment in accordance with guideline issued under Workplace Injury Management and Workers Compensation Act 1998 (NSW) — where appeal panel revoked initial assessment inferentially on basis that guideline inconsistent with requirements of s 323(1) of Act — whether guideline inconsistent with Act — effect of inconsistency with Act — whether appeal panel made error of law
STATUTORY INTERPRETATION — subordinate legislation — scope of empowering provisions — where primary legislation provides for a deduction for any proportion of an impairment due to a previous injury or pre-existing condition or abnormality — where primary legislation provides that impairment is to be assessed in accordance with guidelines — where the application of guidelines would require nil deduction for pre-existing but asymptomatic psychiatric injury or condition — whether guidelines inconsistent with primary legislation — whether guidelines beyond power
WORKERS COMPENSATION — medical assessment — assessment of degree of permanent impairment — deduction for pre-existing impairment — where claimant suffered previous psychiatric injury — where condition related to previous psychiatric injury asymptomatic at time of present injury — where asymptomatic condition contributed to impairment suffered as a result of present injury — whether any deduction should be made
Case Details
Citation[2021] NSWSC 616
CourtNSWSC
JurisdictionNew South Wales
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