Petrogas Pty Ltd v Doolan & Ors [2016] VSC
46
In February 2016 the Supreme Court overturned the Medical
Panel's decision in Petrogas Pty Ltd v Shane Doolan &
Ors about a worker's capacity for alternative clerical
duties.
This decision is a reminder that the Medical Panel must set out
how it arrived at its opinion in its statement of reasons. If the
Panel provides inadequate reasons for its opinion, this will often
amount to an error of law on the face of the record. It is
important to carefully examine the Panel's reasons for opinion
to ascertain what evidence its conclusions were based on, and
whether the reasons disclose a logical path of reasoning.
Background
Mr Doolan suffered an injury to his right knee in the course of
his employment as a tanker driver with Petrogas Pty Ltd. He lodged
a compensation claim and received payments of compensation and
medical expenses.
