Articles
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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.
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28 November 2013
Public Liability
Workers Compensation Commission (WCC) retains jurisdiction in rel…
If prior approval for treatment is sought and declined, a dispute is created which the WCC has power to determine.
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24 September 2013
Workers Compensation
Workers Compensation Commission (WCC) retains jurisdiction on iss…
In the absence of a Work Capacity Decision, the Commission retains its jurisdiction on the issue of capacity for work.
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10 September 2013
Work Health & Safety
To what extent are workers restricted in making further lump sum…
Workers who make a claim before 19 June 2012, can make a further claim, in respect of the same injury, after that date.
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02 September 2013
Work Health & Safety
Section 60(2A) - How insurers can avoid liability for claims for…
Section 60(2A) provides new exceptions to the payment of reasonably necessary medical expenses under section 60.
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23 May 2013
Work Health & Safety
When isn't a person driving? - Damages for a workplace injury
This decision of the NSW Court of Appeal further defines what constitutes driving of a motor vehicle.
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01 May 2013
Workers Compensation
Court of Appeal reinstates lump sum benefits for injuries before…
Workers who sustained an injury before 19 June 2012 can claim and be paid compensation pursuant to sections 66 and 67.
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07 January 2013
Workers Compensation
Impairment claims from psychiatric injury prior to 1 January 2002…
There has been a debate about the calculation of psychiatric impairment claims from injuries both before and after 2002.
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05 November 2012
Workers Compensation
How to deal with lump sum claims under the 2012 amendments
The amendment effectively removes any entitlement to lump sum compensation for a permanent impairment less than 11% WPI.
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12 October 2012
Workplace Law & Culture
Court of Appeal explains connection between employment and injury
The Court held that the relevant test for determining the connection between employment and the injury is an objective one.
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28 August 2012
Work Health & Safety
Workers Compensation Update #4 - Changes to Industrial Deafness C…
These amendments apply to claims for lump sums where a "claim for compensation" was made on or after 19 June 2012.
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09 August 2012
Workers Compensation
Workers Compensation Update #3 - Termination of Weekly Payments o…
Insurers should become familiar with these new provisions for the termination of weekly payments on retiring age.