VWA v Putrus

[2023] VSCA 28

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Medical panel
4. › Workplace injury
5. › Failure to take into account relevant consideration
6. › Whether psychiatrically-based chronic pain syndrome was a relevant consideration requiring active intellectual engagement
7. › Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), ss 274, 304, 325, 335
1. Administrative Law
2. › Judicial review
3. › Medical panel
4. › Adequacy of reasons
5. › Whether medical panel failed to provide adequate reasons by not addressing psychiatric basis for ongoing pain
6. › Whether failure to intellectually engage with claim constituted jurisdictional error
1. Administrative Law
2. › Judicial review
3. › Medical panel
4. › Scope of matters requiring consideration
5. › Whether issues raised by medical questions, documentary material and panel's own examination findings must be considered
6. › Determination of what issues are properly raised for panel's consideration

Quick Take

A medical panel must consider and intellectually engage with all issues squarely raised by the totality of the material before it, including the medical questions, documentary material, party submissions, and the panel's own examination findings. The rejection of a physically-based diagnosis does not discharge the obligation to consider whether the same condition has a psychiatric basis. The determination of what issues are properly raised is not made by examining only one document but requires consideration of all material provided to the panel.