ArticleHow NOT to get an extension of time in the Administrative Appeals TribunalIt is difficult to defend applications for an extension of time and this was an example of a case that crosses the line.AustraliaEmployment and HRHBA Legal
ArticleBlurred 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 HRHBA Legal
ArticleCovid-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 HRHBA Legal
ArticleTribunal dismisses claims due to abuse of processAn employee cannot continue to seek liability for compensation claims that have previously been denied.AustraliaEmployment and HRHBA Legal
ArticleFederal Court upholds no present liability decision for postal workers' 1993 injuryFC asked to decide whether the AAT erred in its findings that employer had no present liability to pay compensation.AustraliaEmployment and HRHBA Legal
ArticleRemedial 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 HRHBA Legal
ArticleTribunal accepts that ATO employment no longer contributes to mental health problems in workerTribunal considered ongoing liability in respect of an ongoing psychological condition that was sustained at work.AustraliaEmployment and HRHBA Legal
ArticleTribunal affirms decision to cease compensation to Australia Post employee for 1993 work injuryThe Tribunal was asked to consider ongoing liability to pay compensation to an employee for a 1993 lower back injury.AustraliaEmployment and HRHBA Legal
ArticleWestrupp v Bis Industries Ltd [2015] AATA 298 - workers compensationThe decision has jurisdictional significance, particularly to licensees that employ workers on a fly-in fly-out basis.AustraliaEmployment and HRHBA Legal
ArticleWhen 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 HRHBA Legal
ArticleNewcastle Private Hospital – Found to be negligent for failing to adhere to post-operativeclinical pathwayLiability was apportioned between the VMO, Dr.Brown, and the hospital on an 80/20 basis in favour of the hospital.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleRelease from implied undertaking? There might be no need!We discuss Chin v Comcare [2017] AATA 634 (10 May 2017).AustraliaInsuranceHBA Legal
ArticleReasonable administrative action – unreasonable?Article discusses case that considered the reasonable administrative action defence.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleWhat 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 & ArbitrationHBA Legal
ArticleExtension of limitation period denied, in favour of doctorHer Honour was not satisfied that the expert report, with other evidence, established a right of action in negligence.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleA reminder for employers to tread carefully with employees suffering pre-existing psychological conditionsThe Tribunal's decision is relevant for all employers who have employees with pre-existing psychological conditions.AustraliaEmployment and HRHBA Legal
ArticleDesk jobs for truckies: Tribunal considers Suitable Duties and retirementWhen a worker is offered alternative duties but resigns, employers need to prove retirement is not related to the injury.AustraliaEmployment and HRHBA Legal
ArticleFalse perceptions are not considered contributing factors to psychological conditionFalse perceptions about the employer's motivations can be hard to fit within the category of strong contributing factors.AustraliaEmployment and HRHBA Legal
ArticleFlight attendant's injury following Los Angeles arrest for sexual assault arose out of employmentThe test of when the work injury arose out of employment only required that the worker be ordered to be at that place.AustraliaEmployment and HRHBA Legal
ArticleNew guidelines for rehabilitation authoritiesArticle discusses the differences between the previous guidelines & new guidelines for rehabilitation authorities. AustraliaEmployment and HRHBA Legal