ARTICLE · 30 APRIL 2009

Workers Compensation Paybacks To Be Reduced To Reflect Contributory Negligence

Norton Rose Fulbright Australia

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Readers will recall Hickson v Goodman Fielder [2008], discussed in the December 2008 Deacons Insurance Update.

AustraliaEmployment and HR

Joseph Taouk

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Readers will recall Hickson v Goodman Fielder [2008], discussed in the December 2008 Deacons Insurance Update. As foreshadowed, the High Court has now considered the issue of whether a worker who is injured by a third party, who receives compensation but also recovers damages from the third party, is entitled to reduce his/her compensation payback to reflect his/her contributory negligence. The High Court has held in Hickson that where contributory negligence was involved, a worker's payback is reduced proportionately in accordance with his/her contributory negligence in causing the accident, including in circumstances where the worker reaches an out of court settlement with the third party.

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