Serious injury applicationphysical injury to the neckwhether pain and suffering consequences are “serious” under the Actwhether the plaintiff has satisfied the test for loss of earning capacity as a result of the injury
Plaintiff was seeking leave to bring a common law proceeding for both pain and suffering and pecuniary loss damagesdefendant served a Notice authorised by the WorkCover (Litigated Claims) Legal Costs Order
WORKERS’ COMPENSATIONJudicial review of medical panel decisionWhether medical panel gave adequate reasons for opinionConclusion as to work capacity flowed naturally from findings of fact in respect of participation in daily life
ADMINISTRATIVE LAWReview of medical panel decisionJurisdictional errorWhether medical panel made a determination for which there was no evidence or which was not open on the evidence before it