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  • Article

    Tribunal lacks jurisdiction to deal with evolving diagnosis

    Also, caution should be shown in accepting liability for major treatment where the accepted claim was for a minor injury.
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    Postie pain is not enough for workers compensation

    The case was in favour of the employer when Mr Dekker could not prove that work was a significant contributing factor.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    What 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 HR
    HBA Legal
    HBA Legal
  • Article

    Employers primary duty of care under the Work Health and Safety Act 2011

    The demands of business and performance expectations must be consistent with work methods to ensure a safe workplace.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal considers the meaning of - in a reasonable manner

    The meeting was not considered to be undertaken "in a reasonable manner", so he was entitled to workers' compensation.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Out with the old, in with the insurer – Implications of the Civil Liability (Third Party Claims Against Insurers) Act 2017

    With updated legislation insurers will achieve much needed clarity and certainty around third party claims against them.
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    Chronic Pain Condition Arising From A Previously Accepted Injury Is Found To Be Not Compensable

    Recent case highlights the importance of collecting competent expert evidence from relevant fields of expertise.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    AAT confirms denial of liability for epicondylitis in call centre worker

    Work may cause more pain, but this does not mean that the underlying condition has been made worse by those work duties.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    How 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 HR
    HBA Legal
    HBA Legal
  • Article

    Psychological condition is not an injury

    The Tribunal was not satisfied that the applicant suffered an injury for the purposes of section 5A of the SRC Act.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal sorts out SRC Act aggravation principles for compensation

    An aggravation requires a causal, and not merely consequential, connection between employment and onset of symptoms.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Employer not liable when it did not know the risk of harm on construction site

    This case highlights that employers, although an easy target due to a non-delegable duty of care, are not always liable.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Managers beware: reasonable administrative action in the post-Comcare v Martin world

    It must be determined that the employee would not have suffered a disease if the administrative action was not taken.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Mandatory counselling for traumatic incidents? Queensland Supreme Court says No

    The QAS was not obliged to mandatorily impose assistance, as the plaintiff was aware that counselling was available.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    No compensation: Workplace hip injury could have happened anywhere

    This case distinguished between a condition made worse by the work, or whether the condition simply became worse at work.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    No 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 HR
    HBA Legal
    HBA Legal
  • Article

    Notice of a claim must be given – no exceptions for detective

    Recent case indicates that Tribunal will not accept very late claims, even for psychological injuries.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Staying inside the lines: Tribunal critical of the rigid Comcare Guide but still must abide by it

    Assessment via the Comcare Guide is a somewhat mechanical process that does not allow a significant amount of discretion.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Eight year old loses thumb after delay in medical treatment

    This decision is interesting in its consideration of 'expert peer opinion' within s5O of the Civil Liability Act 2002.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    HBA Legal
    HBA Legal
  • Article

    Slips and falls and underlying degenerative conditions: A case insight on the limits of liability

    Tribunal considers whether falls contributed to or aggravated a pre-existing osteoarthritis condition.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal

Showing 161–180 of 263 results

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