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  • Article

    How NOT to get an extension of time in the Administrative Appeals Tribunal

    It is difficult to defend applications for an extension of time and this was an example of a case that crosses the line.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Blurred lines: When does a medico-legal report serve as medical treatment, if ever?

    Based on this case, employers could have solid grounds to deny liability to pay compensation for medico-legal reports.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Covid-19, vaccinations & the workplace – an HR issue or a Safety issue?

    Employers should look to a risk-based approach to controlling the risk of COVID-19 contraction in their workplace.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal dismisses claims due to abuse of process

    An employee cannot continue to seek liability for compensation claims that have previously been denied.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Federal Court upholds no present liability decision for postal workers' 1993 injury

    FC asked to decide whether the AAT erred in its findings that employer had no present liability to pay compensation.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Remedial massage a quick fix – but is it reasonable treatment?

    Treatment must have a long term benefit to be considered to be reasonably required for the purposes of compensation.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal accepts that ATO employment no longer contributes to mental health problems in worker

    Tribunal considered ongoing liability in respect of an ongoing psychological condition that was sustained at work.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Tribunal affirms decision to cease compensation to Australia Post employee for 1993 work injury

    The Tribunal was asked to consider ongoing liability to pay compensation to an employee for a 1993 lower back injury.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Westrupp v Bis Industries Ltd [2015] AATA 298 - workers compensation

    The decision has jurisdictional significance, particularly to licensees that employ workers on a fly-in fly-out basis.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    When a medical clinic submits summons compliance expenses, What is reasonable?

    The Tribunal considered the reasonableness of expenses claimed by a medical clinic for compliance with a summons.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Newcastle Private Hospital – Found to be negligent for failing to adhere to post-operativeclinical pathway

    Liability was apportioned between the VMO, Dr.Brown, and the hospital on an 80/20 basis in favour of the hospital.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    HBA Legal
    HBA Legal
  • Article

    Release from implied undertaking? There might be no need!

    We discuss Chin v Comcare [2017] AATA 634 (10 May 2017).
    AustraliaInsurance
    HBA Legal
    HBA Legal
  • Article

    Reasonable administrative action – unreasonable?

    Article discusses case that considered the reasonable administrative action defence.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    What does the AAT consider to be reasonable costs for compliance with a summons to produce documents?

    The Administrative Appeals Tribunal provides an avenue for parties to have these reasonable costs determined.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    Extension of limitation period denied, in favour of doctor

    Her Honour was not satisfied that the expert report, with other evidence, established a right of action in negligence.
    AustraliaLitigation, Mediation & Arbitration
    HBA Legal
    HBA Legal
  • Article

    A reminder for employers to tread carefully with employees suffering pre-existing psychological conditions

    The Tribunal's decision is relevant for all employers who have employees with pre-existing psychological conditions.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Desk jobs for truckies: Tribunal considers Suitable Duties and retirement

    When a worker is offered alternative duties but resigns, employers need to prove retirement is not related to the injury.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    False perceptions are not considered contributing factors to psychological condition

    False perceptions about the employer's motivations can be hard to fit within the category of strong contributing factors.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    Flight attendant's injury following Los Angeles arrest for sexual assault arose out of employment

    The test of when the work injury arose out of employment only required that the worker be ordered to be at that place.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal
  • Article

    New guidelines for rehabilitation authorities

    Article discusses the differences between the previous guidelines & new guidelines for rehabilitation authorities.
    AustraliaEmployment and HR
    HBA Legal
    HBA Legal

Showing 181–200 of 263 results

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