On 2 March 2017 Justice Wilson of the Supreme Court of NSW
delivered a decision in Hallmann v National Mutual Life
Association of Australasia Limited [2017] NSWSC 151.
Background and issues
This was the first case in the NSW workers compensation system
where a worker sought judicial review of a work capacity decision
of an insurer. Previously the worker was unsuccessful in
applications for internal, merit review and procedural review of
the work capacity decision. Bartier Perry appeared for the employer
and insurer in the proceedings.
The worker argued the insurer was barred from conducting a work
capacity assessment and making a work capacity decision as he was a
'seriously injured worker'. He submitted a number of
medical reports from treating specialists containing very high
assessments of WPI - well above 30% WPI. As the deemed date of
injury was before 2002, the insurer did not have any WPI
assessments and previous Medical Appeal Panel decisions
