Sydney Trains v Batshon [2021] NSWCA 143

Sydney Trains v Batshon [2021] NSWCA 143

The Medical Appeal Panel did address and determine Mr Batshon's request for re-examination, as evidenced by express references in its reasons. The reasons provided for refusal of re-examination were adequate, having regard to the statutory context that confines appeals to demonstrable error evident on the face of the certificate or material before the Panel. The primary judge erred in concluding there was a jurisdictional error; as the Panel considered the request and gave sufficient reasons, there was no basis for judicial review intervention, and the orders setting aside the Panel's decision were reversed.

Parties
Applicant: Sydney Trains; First Respondent: Samir Batshon; Second Respondent: Medical Appeal Panel of the Personal Injury Commission constituted by Arbitrator Paul Sweeney, Dr Julian Parmegiani and Dr Douglas Andrews; Third Respondent: President of the Personal Injury Commission
Jurisdiction
Australia
Judgment Date
16 July 2021
Procedural Posture
Judicial Review/appeal / Judgment on Appeal From Supreme Court to Court of Appeal
Outcome
Appeal allowed; decision below set aside; Mr Batshon's summons dismissed.
Legal Topics
Medical Assessment—workers Compensation, Judicial Review—adequacy of Reasons, Procedural Fairness, Appeal Procedures
Administrative Law Workers Compensation Medical Assessment—workers Compensation Judicial Review—adequacy of Reasons Procedural Fairness Appeal Procedures

Case Brief

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Parties

Sydney Trains

Applicant

Samir Batshon

First Respondent

Medical Appeal Panel of the Personal Injury Commission constituted by Arbitrator Paul Sweeney, Dr Julian Parmegiani and Dr Douglas Andrews

Second Respondent

President of the Personal Injury Commission

Third Respondent

Procedural Posture

Judicial Review/appeal / Judgment on Appeal From Supreme Court to Court of Appeal

Legal Issues

  1. 1 Whether the Medical Appeal Panel failed to consider the worker's request for re-examination by a Panel member
  2. 2 Whether the Panel gave adequate reasons for rejecting the request for re-examination
  3. 3 Whether the Panel's decision disclosed judicially reviewable error

Ratio Decidendi

The Medical Appeal Panel did address and determine Mr Batshon's request for re-examination, as evidenced by express references in its reasons. The reasons provided for refusal of re-examination were adequate, having regard to the statutory context that confines appeals to demonstrable error evident on the face of the certificate or material before the Panel. The primary judge erred in concluding there was a jurisdictional error; as the Panel considered the request and gave sufficient reasons, there was no basis for judicial review intervention, and the orders setting aside the Panel's decision were reversed.

Court Disposition

Appeal allowed; decision below set aside; Mr Batshon's summons dismissed.

Orders

  • Grant leave to appeal, in terms of grounds 4-9 of the draft notice of appeal.
  • Direct Sydney Trains to file a notice of appeal in accordance with the grant of leave, and dispense with the requirements of service.