From www.bartier.com.au: Deputy President Elizabeth Wood’s decision in Inner West Council v McQuade clarifies that the Commission can refer a matter for reconsideration under section 329 of the Workplace Injury Management and Workers Compensation Act 1998, even if it has been previously decided by a Medical Appeal Panel.
The case involved a dispute over the assessment of permanent impairment following injuries, and the appeal successfully challenged a prior determination that restricted the referral for reconsideration.
Wood’s ruling highlights the broad discretion provided by section 329 and provides guidance on the case law relevant to reconsideration applications.