ArticleTribunal lacks jurisdiction to deal with evolving diagnosisAlso, caution should be shown in accepting liability for major treatment where the accepted claim was for a minor injury.AustraliaInsuranceHBA Legal
ArticlePostie pain is not enough for workers compensationThe case was in favour of the employer when Mr Dekker could not prove that work was a significant contributing factor.AustraliaEmployment and HRHBA Legal
ArticleWhat constitutes an injury pursuant to section 5A of the SRC Act?The High Court considered whether "dizziness" should be classified as an injury or a disease pursuant to the SRC Act.AustraliaEmployment and HRHBA Legal
ArticleEmployers primary duty of care under the Work Health and Safety Act 2011The demands of business and performance expectations must be consistent with work methods to ensure a safe workplace.AustraliaEmployment and HRHBA Legal
ArticleTribunal considers the meaning of - in a reasonable mannerThe meeting was not considered to be undertaken "in a reasonable manner", so he was entitled to workers' compensation.AustraliaEmployment and HRHBA Legal
ArticleOut with the old, in with the insurer – Implications of the Civil Liability (Third Party Claims Against Insurers) Act 2017With updated legislation insurers will achieve much needed clarity and certainty around third party claims against them.AustraliaInsuranceHBA Legal
ArticleChronic Pain Condition Arising From A Previously Accepted Injury Is Found To Be Not CompensableRecent case highlights the importance of collecting competent expert evidence from relevant fields of expertise.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleAAT confirms denial of liability for epicondylitis in call centre workerWork may cause more pain, but this does not mean that the underlying condition has been made worse by those work duties.AustraliaEmployment and HRHBA Legal
ArticleHow long is too long when making a claim - under the Safety, Rehabilitation and Compensation Act 1988?Comcare was prejudiced by failure to give earlier notice as it was denied an opportunity to manage the emerging injury.AustraliaEmployment and HRHBA Legal
ArticlePsychological condition is not an injuryThe Tribunal was not satisfied that the applicant suffered an injury for the purposes of section 5A of the SRC Act.AustraliaEmployment and HRHBA Legal
ArticleTribunal sorts out SRC Act aggravation principles for compensationAn aggravation requires a causal, and not merely consequential, connection between employment and onset of symptoms.AustraliaEmployment and HRHBA Legal
ArticleEmployer not liable when it did not know the risk of harm on construction siteThis case highlights that employers, although an easy target due to a non-delegable duty of care, are not always liable.AustraliaEmployment and HRHBA Legal
ArticleManagers beware: reasonable administrative action in the post-Comcare v Martin worldIt must be determined that the employee would not have suffered a disease if the administrative action was not taken.AustraliaEmployment and HRHBA Legal
ArticleMandatory counselling for traumatic incidents? Queensland Supreme Court says NoThe QAS was not obliged to mandatorily impose assistance, as the plaintiff was aware that counselling was available.AustraliaEmployment and HRHBA Legal
ArticleNo compensation: Workplace hip injury could have happened anywhereThis case distinguished between a condition made worse by the work, or whether the condition simply became worse at work.AustraliaEmployment and HRHBA Legal
ArticleNo liability to pay compensation for Ted (aka psychiatric assistance dog)Evidence for the dog did not fit definitions of medical treatment, an aid or appliance, so compensation was not payable.AustraliaEmployment and HRHBA Legal
ArticleNotice of a claim must be given – no exceptions for detectiveRecent case indicates that Tribunal will not accept very late claims, even for psychological injuries.AustraliaEmployment and HRHBA Legal
ArticleStaying inside the lines: Tribunal critical of the rigid Comcare Guide but still must abide by itAssessment via the Comcare Guide is a somewhat mechanical process that does not allow a significant amount of discretion.AustraliaEmployment and HRHBA Legal
ArticleEight year old loses thumb after delay in medical treatmentThis decision is interesting in its consideration of 'expert peer opinion' within s5O of the Civil Liability Act 2002.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleSlips and falls and underlying degenerative conditions: A case insight on the limits of liabilityTribunal considers whether falls contributed to or aggravated a pre-existing osteoarthritis condition. AustraliaLitigation, Mediation & ArbitrationHBA Legal