Islam v Eureka Operations Pty Ltd t/as Coles Express (No. 3)

[2025] NSWPICPD 24

DETERMINATION OF RECONSIDERATION APPLICATION IN RESPECT OF A DECISION OF THE COMMISSION CONSTITUTED BY A PRESIDENTIAL MEMBER
CITATION:	Islam v Eureka Operations Pty Ltd t/as Coles Express (No. 3) [2025] NSWPICPD 24
APPELLANT:	Tawfiqul Islam
RESPONDENT:	Eureka Operations Pty Ltd t/as Coles Express
INSURER:	Coles Group Limited
FILE NUMBER:	A1-W7948/22
PRESIDENTIAL MEMBER:	Deputy President Elizabeth Wood
DATE OF RECONSIDERATION DECISION:	24 March 2025
ORDERS MADE ON RECONSIDERATION:	1.   The application for reconsideration of the decision in Islam v Eureka Operations Pty Ltd t/as Coles Express [2024] NSWPICPD 80 and Islamv Eureka Operations Pty Ltd t/as Coles Express (No. 2) [2025] NSWPICPD 23 is declined.
CATCHWORDS:	WORKERS COMPENSATION – Section 57 of the Personal Injury Commission Act 2020 – reconsideration of decisions
HEARING:	On the papers
REPRESENTATION:	Appellant:
Self-represented
Respondent:
Ms B Walsh, solicitor
Hall & Wilcox Lawyers
DECISIONS UNDER RECONSIDERATION:	Islam v Eureka Operations Pty Ltd t/as Coles Express [2024] NSWPICPD 80; Islam v Eureka Operations Pty Ltd t/as Coles Express(No. 2) [2025] NSWPICPD 23
PRESIDENTIAL MEMBER:	Deputy President Elizabeth Wood
DATE OF PRESIDENTIAL MEMBER’S DECISIONS:	10 December 2024; 21 March 2025

BACKGROUND

1. Mr Tawfiqul Islam (the appellant) brought proceedings in the Personal Injury Commission (the Commission) against his former employer, Eureka Operations Pty Ltd t/as Coles Express (the respondent), claiming weekly payments and treatment expenses.

2. A Member of the Commission issued a Certificate of Determination on 28 September 2023, as well as two reconsideration decisions issued on 15 December 2023 and 24 April 2024. The appellant appealed the decisions to a Presidential member pursuant to s 352 of the Workplace Injury Management and Workers Compensation Act 1998 (the 1998 Act). I determined the appeal and issued a decision on 10 December 2024,[1] in which I:

   (a) confirmed the Member’s order that the respondent pay the appellant’s treatment expenses pursuant to s 60 of the Workers Compensation Act 1987;

   (b)   confirmed the Member’s determination that the appellant’s psychological condition was secondary to his physical conditions, and

   (c)   revoked the Member’s determination of the appellant’s pre-injury average weekly earnings.

   [1] Islam v Eureka Operations Pty Ltd t/as Coles Express [2024] NSWPICPD 80 (Islam No 1).

3. I remitted the matter to a different member for the calculation of the appellant’s entitlement to weekly payments of compensation in accordance with my reasons.

4. The appellant lodged an application for reconsideration of my decision. I issued a decision on 21 March 2025,[2] declining the application for reconsideration for the reasons set out therein.

   [2] Islam v Eureka Operations Pty Ltd t/as Coles Express (No. 2) [2025] NSWPICPD 23 (Islam No 2).

5. On the same day as the reconsideration decision was issued, the appellant lodged a further application for reconsideration.

CONSIDERATION

1. The appellant’s most recent application for reconsideration raises the same complaints as were raised in the first application for reconsideration. For the same reasons as those expressed by me in Islam No 2, I decline to reconsider my decision in Islam No 1 and in Islam No 2.

2. I note that the appellant’s entitlement to weekly payments is yet to be determined by a non-presidential member, as that dispute was stayed pending the outcome of the application for reconsideration. I further note that if the appellant is dissatisfied with my decision in either Islam No 1 or Islam No 2, he may have an avenue of appeal pursuant to s 353 of the 1998 Act.

Elizabeth Wood
DEPUTY PRESIDENT

24 March 2025