Articles
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26 August 2015
Workers Compensation
Section 59A Workers Compensation Act 1987, where degree of perman…
This decision opens the doors for arbitrators to determine whether a worker?s injury has resulted in permanent impairment.
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01 June 2015
Workers Compensation
Finding a Finding is not Binding: workers compensation
The first Arbitrator's finding, that she had recovered from the injury, had infringed upon the jurisdiction of an AMS.
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15 April 2015
Workers Compensation
Merchant v Shoalhaven City Council - test for 'seriously injured…
Multiple injuries in the course of employment cannot be aggregated to reach the threshold of a ?seriously injured worker?.
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26 February 2015
Work Health & Safety
Impairment threshold in hearing loss claims revisited
The Court ruled that this hearing loss was a different injury from the one for which the claimant was already compensated.
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14 November 2014
Work Health & Safety
NSW WCC (NSW Workers Compensation Commission) Presidential Update…
2 October 2014 Sydney Community College Inc v Mudie [2014] NSWWCCPD 62 Deputy President Roche This case deals with a challenge to a factual finding of injury; alleged failure to consider general practitioner’s clinical notes and relevance of absence…
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13 October 2014
Work Health & Safety
NSW WCC (Workers Compensation Commission) Presidential Update - S…
28 August 2014 Northern NSW Local Health District (Tweed Heads Hospital) v Conaghan [2014] NSWWCCPD 54 Deputy President O'Grady This case deals with section 4 Workers Compensation Act 1987; injury arising out of or in course of employm…
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18 September 2014
Work Health & Safety
NSW WCC (NSW Workers Compensation Commission) Presidential Update…
4 August 2014 StateCover Mutual Ltd v Cameron [2014] NSWWCCPD 49 Deputy President Roche This case deals with a claim for lump sum death benefit; disease contracted by a gradual process; melanoma; whether employment is a substantial contributing facto…
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08 September 2014
Workers Compensation
Statutory review of the 2012 Workers Compensation amendments - It…
It was too early to conclusively determine the impact of the amendments on he financial sustainability of the scheme.
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25 August 2014
Work Health & Safety
NSW WCC (NSW Workers Compensation Commission) Presidential Update…
In July 2014, the NSW Workers Compensation Commission delivered a number of important Presidential decisions. This bulletin is a summary of some key decisions. 30 June 2014 Sedrak v Rooty Hill RSL Club Ltd [2014] NSWWCCPD 40 Deputy President Ro…
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15 July 2014
Work Health & Safety
Weekly compensation payments - Court of Appeal clarifies Commissi…
Without a WCD, the Commission retains jurisdiction over disputes about an entitlements to weekly compensation payments
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25 June 2014
Work Health & Safety
Lump sum compensation - further clarification post Goudappel
We anticipate an increase in the number of \"top up\" claims being made by workers who previously made lump sum claims.
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11 June 2014
Work Health & Safety
Is it too late to transition workers to the new weekly compensati…
WIRO considered the problem of validly transitioning weekly payment entitlements of an existing recipient of compensation.
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16 May 2014
Work Health & Safety
High Court decides the Goudappel appeal for workers compensation
Mr Goudappel?s entitlement to lump sum impairment compensation was extinguished as he did not meet the 11% WPI threshold.
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28 April 2014
Public Liability
Apportionment of defendants' costs in workers compensation litiga…
Costs exposure in multi-defendant work injury litigation may not be reduced to take account of the insured?s negligence.
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24 April 2014
Work Health & Safety
Resurrection of journey claims of personal injury and workers com…
There must be a 'real and substantial connection? between work and the accident or incident of the compensation claim.
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03 April 2014
Work Health & Safety
High Court upholds Court of Appeal decision about an injury at a…
The Court held the relevant test for determining the connection between employment and the injury is an objective one.
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28 February 2014
Workers Compensation
WIRO Decisions - Tips and traps for Work Capacity Decisions (WCDs…
It is evident from reading the WIRO decisions that any error in the drafting of a WCD can invalidate the application.
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06 February 2014
Work Health & Safety
Section 59A Workers Compensation Act 1987 - the end to indefinite…
Workers Compensation Act 1987 s59A limits the length of time insurers must pay medical and related treatment expenses.