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ARTICLE · 01 APRIL 2025

Understanding estoppel in workers compensation claims

Looks at the role of estoppel in a recent decision & its impact on decision making in proceedings.

AustraliaEmployment and HR

Estoppel is a rule of evidence to the effect that a person is barred from denying the truth of a fact that has already been settled.

In this article, we take a closer look at the role of estoppel in a recent decision of Reed v National Contracting Services Pty Ltd [2025] NSWPIC 48 ('Reed') and its impact on decision making in proceedings.

The facts

The worker was employed by National Contracting Services Pty Ltd ('NCS') as a truck driver. His duties involved transporting sand and gravel from a quarry to concrete plants.

On 22 June 2017, the worker was cleaning his truck when he slipped and fell, causing injury to his right ankle and consequential injuries to his lumbar spine and left knee. Liability for the injuries was accepted.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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