Batshon v Sydney Trains [2020] NSWSC 831

Supreme Court New South Wales

Medium Neutral Citation: Batshon v Sydney Trains [2020] NSWSC 831 Hearing dates: 12 June 2020 Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Common Law Before: Harrison J Decision: Matter to be listed for further directions Catchwords: CIVIL PROCEDURE — judicial review — administrative decision of medical appeal panel — where plaintiff suffered psychological injury at work — where dispute as to degree of whole person impairment — where request by plaintiff for re-examination — where no re-examination by medical appeal panel — where no reasons or consideration given Legislation Cited: Work Injury Management and Workers Compensation Act 1998 (NSW) Category: Principal judgment Parties: Samir Batshon (Plaintiff) Sydney Trains (First Defendant) Medical Appeal Panel of the Workers Compensation Commission (Second Defendant) Registrar of the Workers Compensation Commission (Third Defendant) Representation: Counsel: J W Dodd (First Defendant)

Solicitors: Graham Kenneth White (First Defendant) File Number(s): 2019/375163 Publication restriction: Nil

Judgment 1. HIS HONOUR: By his summons filed on 28 November 2019, Samir Batshon seeks the following orders: 1. That the decision of the second defendant issued on 30 August 2019 in matter number M1-671/19 in the Workers Compensation Commission of NSW and the Determination made in the Certificate of Determination issued by the Registrar of the Workers Compensation Commission of NSW on 6 November 2019 be set aside. 2. That the matter be remitted to the third defendant for referral to a Medical Appeal Panel differently constituted under s 328 of the Work Injury Management and Workers Compensation Act 1998 for re-determination according to law.