Another Admin Law decision this time Quashing a medical boards decision in an Insurance claim

Friday , 26, August 2016 Leave a comment


CASE : Tan v Kotzman[2016] VSC 482

Supreme Court of Victoria

people

Issue:  Judicial review of an Administrative decision, a guy claimed injury in the course of employment, so he found Order 56 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) which allow the Court to review the opinion of the Medical Panel made under Workplace Injury Rehabilitation and Compensation Act 2013(Vic) in respect of the his capacity to work.  The Medical Panel’s opinion had effect that his claim must
fail and he loses his compensation.
HELD: Panel failed to articulate their path of reasoning, the reasons did not disclose whether Panel considered relevant consideration of chronic pain syndrome, the Panel failed to account for

 this mandatory consideration, the Court ordered their opinion quashed!

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