Articles
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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.
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23 July 2012
Workers Compensation
Workers Compensation Update #1 - Which 2012 amendments are now op…
This update tells you when the various Schedules to the Workers Compensation Legislation Amendment Act 2012 commence.
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23 July 2012
Workers Compensation
Workers Compensation Update #2 - Lump Sum Impairment Claims
Changes to lump sum entitlements are outlined in Schedule 2 of the Workers Compensation Legislation Amendment Act 2012.
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09 November 2010
Workplace Law & Culture
To accrue or not to accrue? That is the $36 million question on a…
In 2008-09 weekly compensation payments in NSW exceeded $468 million.
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01 July 2010
Workers Compensation
Lump sum compensation for workplace injury - assessing impairment…
Cole v Wenaline Pty Limited considered how a previous injury should be taken into account.
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19 March 2010
Dust Diseases
The Smoking Gun: worker's compensation for lung cancer followng a…
The High Court recently had to consider a situation where a plaintiff had been exposed to asbestos, but was also a long-term smoker.
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10 March 2010
Work Health & Safety
Psychological injury in the workplace: fact finding is not discip…
We review Hobden v South East Illawarra Area Health Service.
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17 June 2009
Work Health & Safety
Behind the veil of self-employment - how to calculate true residu…
The calculation of a self-employed worker's entitlements under section 40 is never straightforward.