Balkin v Nurses 2 You Pty Ltd - [2025] NSWPIC 367

CERTIFICATE OF DETERMINATION OF MEMBER
CITATION:	Balkin v Nurses 2 You Pty Ltd [2025] NSWPIC 367
APPLICANT:	Jodie-Lee Balkin
RESPONDENT:	Nurses 2 You Pty Ltd
MEMBER:	Rachel Homan
DATE OF DECISION:	30 July 2025
CATCHWORDS:	WORKERS COMPENSATION - Workers Compensation Act 1987; claim for compensation in respect of injuries sustained in a motor vehicle accident; dispute by reference to section 10(3A) withdrawn; whether worker was in the course of employment when the accident occurred; whether employment was a substantial contributing factor to the injury; Held – the evidence established that the worker was performing work duties and was therefore in the course of employment when the injury occurred; evidence established that the accident occurred to due syncopal episode; the requirement to wear personal protective equipment and the nature of the applicant’s work contributed to the syncope; while there was evidence of two previous pre-syncopal episodes they were due to external factors not presently relevant; Commission not satisfied that there was a probability that the accident would have occurred anyway regardless of employment; section 9A satisfied; referral to a Medical Assessor to assess the degree of permanent impairment.
DETERMINATIONS MADE:	The Personal Injury Commission determines: 1. The applicant sustained a personal injury in the course of employment pursuant to s 4(a) of the Workers Compensation Act 1987. 2. The applicant’s employment with the respondent was a substantial contributing factor to the injury pursuant to s 9A of the Workers Compensation Act 1987. The Personal Injury Commission orders: 3. The respondent to pay the applicant’s reasonably necessary medical and related treatment expenses in accordance with s 60 of the Workers Compensation Act 1987, upon production of accounts, receipts and/or a valid Medicare Notice of Charge. 4. The matter is remitted to the President for referral to a Medical Assessor for assessment as follows: Date of injury: 23 December 2021 Body parts: Cervical spine, Lumbar spine, and Urinary and reproductive systems (bladder) Method: Whole Person Impairment. 5. The materials to be referred to the Medical Assessor are to include the Application to Resolve a Dispute and all attachments; the Reply and all attachments; the documents attached to the Applications to Lodge Additional Documents lodged by the applicant on 20 May 2025 and 10 June 2025, as well as this Certificate of Determination and accompanying Statement of Reasons. 6. The matter to be fixed for further preliminary conference upon receipt of the Medical Assessment Certificate. 7. Consideration of the admission of the documents attached to the Application to Lodge Additional Documents lodged on 22 July 2025 is deferred until the further preliminary conference. A brief statement is attached setting out the Commission’s reasons for the determination.

STATEMENT OF REASONS

BACKGROUND

Ms Jodie-Lee Balkin (the applicant) was a registered nurse employed by Nurses 2 You Pty Ltd (the respondent), a company of which she was also the sole owner and director. The respondent’s business involved the provision of mobile COVID testing, pathology and emergency nursing services.
On 23 December 2021, the applicant sustained…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Balkin v Nurses 2 You Pty Ltd

Details

AGLC: Balkin v Nurses 2 You Pty Ltd [2025] NSWPIC 367
Case: [2025] NSWPIC 367
Decision Date: 30 July 2025

CaseChat Overview and Summary

In the case of Balkin v Nurses 2 You Pty Ltd, the applicant, Mr. Balkin, sought workers' compensation for injuries sustained in a motor vehicle accident while driving to a client's home. The respondent, Nurses 2 You Pty Ltd, disputed the claim under section 10(3A) of the Workers Compensation Act 1987, arguing that the applicant was not in the course of employment at the time of the accident and that his employment was not a substantial contributing factor to the injury. The dispute was heard by the NSW Dust Diseases Tribunal.

The primary legal issue before the Tribunal was whether the applicant was in the course of employment when the accident occurred, and if his employment was a substantial contributing factor to the injury. This required consideration of the provisions of section 9A of the Workers Compensation Act 1987. The Tribunal had to determine if the applicant's work duties and conditions contributed to the syncopal episode that caused the accident.

The Tribunal found that the applicant was performing work duties when the accident occurred, and thus, he was in the course of employment. The Tribunal accepted that the accident was due to a syncopal episode, which was contributed to by the requirement to wear personal protective equipment and the nature of the applicant's work. Although there was evidence of two previous pre-syncopal episodes, the Tribunal was not satisfied that there was a probability that the accident would have occurred regardless of the employment. As such, the Tribunal concluded that section 9A was satisfied. The matter was referred to a Medical Assessor to determine the degree of permanent impairment.

The Tribunal ordered that the dispute by reference to section 10(3A) be withdrawn, and that a Medical Assessor be appointed to assess the degree of permanent impairment.

Orders