Articles
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12 September 2017
Workers Compensation
Kirunda v NSW Police Service (No 3) [2017] NSWWCCPD 1
The issue of whether a Deputy President of the WCC has the power to reconsider an arbitral decision and/or exercise its discretionary power under section 350(3) of the 1998 Act continues in the series of appeals in Kirunda v NSW Police Service.
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08 August 2017
Workers Compensation
Can subsequent section 74 notices trump a work capacity decision?
A recent decision of the WCC in Lowes v Secretary, Dept of Education, found a change in circumstances and subsequent dispute notices were insufficient to provide the Commission with jurisdiction to decide a worker’s claim for weekly compensation.
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27 July 2017
Workers Compensation
Contractor or deemed worker?
Employers may still be liable for individuals who hold themselves out to be contractors, but are in fact ‘deemed workers’ (Schedule 1, Clause 2 of the Workplace Injury Management Act 1998)(“Schedule 1”).
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14 June 2017
Workers Compensation
Psychological injuries and the section 11A(1) defence
A common defence relied upon by employers in psychological injury cases is the section 11A(1) defence.
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15 May 2017
Workers Compensation
Section 67 claims: a softly beating heart?
The 2012 amendments (Workers Compensation Legislation Amendment Act 2012) abolished the entitlement to compensation for pain and suffering under section 67 of the Workers Compensation Act (WCA) from 19 June 2012.[1] However, does a worker who made…
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07 March 2017
Workers Compensation
Insurer wins first judicial review case brought by a worker again…
On 2 March 2017 Justice Wilson of the Supreme Court of NSW delivered a decision in Hallmann v National Mutual Life Association of Australasia Limited [2017] NSWSC 151
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08 February 2017
Workers Compensation
Personal injury or disease?
Under the Workers Compensation Act 1987 (NSW) (“WCA”), workers may be able to recover compensation if they suffer a personal injury or a disease injury. So, what’s the difference between a personal injury and a disease? This question was considere…
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01 November 2016
Workers Compensation
Section 11A(1): "Reasonable actions of employer" - Does the worke…
A significant issue for employers in establishing a defence under section 11A(1) of the Workers Compensation Act 1987, is whether its actions were reasonable. In addressing this question does the worker?s perception of the relevant events impact on w…
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25 October 2016
Workers Compensation
Resurrecting the discontinued claim: preserving a worker's right…
Recent changes in the area of workers compensation have allowed workers to make \"one further lump sum compensation claim\" for an injury where they had previously made a lump sum claim prior to 19 June 2012.
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20 October 2016
Workers Compensation
Winners and losers: Guidelines for vicarious liability of employe…
A case note on Prince Alfred College Incorporated v ADC [2016] HCA 37. The law regarding the extent to which employers are vicariously liable for wrongful acts by an employee has been historically unclear. The judgment delivered by the High Court in…
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27 April 2016
Workers Compensation
Workers Compensation Commission determines meaning of "paramedic"
The meaning of the term "paramedic" denotes an employee who has been "classified" as a paramedic by virtue of the Award
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02 December 2015
Workers Compensation
WIRO (WorkCover Independent Review Office) procedural review exam…
This Court decision examines the powers of WIRO to set aside a work capacity decision (WCD) by way of procedural review.
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28 August 2015
Workers Compensation
Court of Appeal knocks out top-up claims for workers compensation
This decision may mean that workers could delay bringing their lump sum compensation claim to ensure maximum benefit.
