Strotz v NSW Trains [2023] NSWIRComm 1029

Industrial Relations Commission New South Wales Medium Neutral Citation: Strotz v NSW Trains [2023] NSWIRComm 1029 Hearing dates: 11 April 2023 Date of orders: 13 April 2023 Decision date: 13 April 2023 Jurisdiction: Industrial Court of NSW Before: Commissioner Sloan Decision: The Application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Workers compensation legislation – application for reinstatement of injured worker – whether applicant fit for employment of the kind for which she had applied Legislation Cited: Workers Compensation Act 1987 ss 240, 241, 242, 243, 245 Cases Cited: Cansino v South Western Sydney Area Health Service (1999) 130 IR 1; [1999] NSWIRComm 355 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Potter v Industrial Relations Secretary in respect of the Department of Regional New South Wales (No 2) [2023] NSWIRComm 1026 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Peter Riley) v WorkCover Authority of New South Wales [2006] NSWIRComm 108 Texts Cited: Nil Category: Principal judgment Parties: Judith Strotz (Applicant) NSW Trains (Respondent) Representation: J Strotz (Self-represented) Counsel: S Meehan (Respondent) Solicitors: Maddocks (Respondent) File Number(s): 2022/00140935 Publication restriction: No

DECISION 1. Judith Strotz has applied to the Commission for an order, pursuant to s 242 of the Workers Compensation Act 1987 ("Act"), that she be reinstated to her position as a Passenger Services Supervisor with NSW Trains ("Application"). 2. I have determined to dismiss the Application. My reasons follow.