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ARTICLE · 24 FEBRUARY 2025

Key lessons for insurers - investigating workers compensation claims before payments

2 Shores Pty Ltd v Workers Compensation Nominal Insurer [2024] NSWPIC 721

AustraliaLitigation, Mediation & Arbitration

In a recent Personal Injury Commission decision an uninsured employer has successfully established it had no liability in respect of weekly payments commenced by the insurer for an injury claim submitted by a worker.

The decision in 2 Shores Pty Ltd v Workers Compensation Nominal Insurer [2024] NSWPIC 721 brings to light the insurer's responsibilities to investigate for compensation claims prior to making workers compensation payments.

The worker's claim

Lisa Arnold (worker) was employed by 2 Shores Pty Ltd (2 Shores) as the manager of 2 Shores Holiday Village.

The worker raised concerns about a resident of one of the cabins in the village. She was provided with instructions from the directors of 2 Shores to not do anything to relocate the resident until they received advice from the Caravan Camping Industry Association. Despite those instructions, the worker showed the resident to another caravan, which was not fit for habitation and called the police to

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