Merit Review Challenges

Merit Review Challenges

iCare Merit ReviewAll workers compensation merit reviews issued by icare are potentially subject to administrative law judicial review in the NSW Supreme Court. In this process, a party may seek orders that a decision should be set aside and sent back to icare for a revised decision to be made. Whenever a challenge is finalised and irrespective of the outcome, an assessment is undertaken to consider the impact of the judicial review decision and includes the potential impact of the finalised challenge on the dispute, functions of the Merit Review Service and the scheme more broadly. Of the thousands of applications for workers compensation merit review that have been finalised by icare, there has only been one Administrative Law challenge decided by the NSW Supreme Court.

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