ArticleIf an employee is demoted during a period of accepted incapacity for work, does his NWE change accordingly?Because of the changes in his classification of employment, his NWE should be altered to correctly reflect the change.AustraliaEmployment and HRHBA Legal
ArticleInconsistent evidence leads to release from implied undertakingThe applicant withheld information, so the employer would have been unfairly prejudiced if the implied undertaking held.AustraliaEmployment and HRHBA Legal
ArticlePassive treatment a limited fix – but is it reasonable?The Tribunal was asked to consider whether chiropractic treatment was reasonable medical treatment for a low back injury.AustraliaEmployment and HRHBA Legal
ArticleReasonableness of medical expenses – What to consider in Schedule 1 Clause 17The court considered the proper construction of the provision in the Workers Compensation and Injury Management Act (WA).AustraliaEmployment and HRHBA Legal
ArticleTelstra win: Fed Court upholds slip & fall decisionFor slip & fall cases, it is important to consider whether the injury sustained has a required connection to employment.AustraliaEmployment and HRHBA Legal
ArticleThe importance of taking critical incidents seriously – Carer awarded $454K in damages for client assaultCompanies employing people caring for others at their residences must have systems for what to do after any incident.AustraliaEmployment and HRHBA Legal
ArticleTribunal takes strict interpretation of reasonable administrative actionCompensation was denied as the medical condition arose due to events within the reasonable administrative action defence.AustraliaEmployment and HRHBA Legal
ArticleMedical negligence: obtaining consent from non-English speaking patientsWe discuss George v Biggs [2015] NSWDC 11.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleMedical practitioner struck off for providing misleading and dishonest expert evidenceThe case has caused some controversy.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleIs the Insurance cost of an appliance part of Comcare costs? (2015)This case confirms that Comcare is not required to compensate for the operating costs or the insurance of an appliance. AustraliaInsuranceHBA Legal
ArticleBlue OP Partner Pty Ltd v De Roma [2023] NSWCA 161Discusses recent personal injury case & the lessons learned from it.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleDelay no impediment – Late expert evidence allowed at discretion of the CourtThe Court's obligation to ensure a fair trial allows it to exercise discretion to permit expert evidence to be tendered.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleSpecialist opinion cure for significant delay in extension application"A material fact of a decisive character" was not available to the applicant until she received Prof Bennett's report.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleDelving into the confusion of casual employment and incapacity paymentsThe casual worker's employment with the Department was intermittent in nature, and not independent contracts of service.AustraliaEmployment and HRHBA Legal
ArticleInconsistent evidence not fatal to claim by applicantSummary & discussion about recent workers compensation case where inconsistent evidence was not fatal to the claim by the applicant.AustraliaEmployment and HRHBA Legal
ArticleDoctor disqualified for poor medical practice, not maintaining appropriate boundaries and sexualised behaviourThis case provides a recent example of how authorities apply the unprofessional conduct provisions of the national law.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleVexatious compensation application dismissed by Canberra AATWhere a decision offers no benefit and is of no practical effect, proceedings may be considered vexatious and dismissed.AustraliaEmployment and HRHBA Legal
ArticleAFP officer workers compensation appeal dismissed – Full Federal Court upholds reliance on SRC section 53Notice of an injury must be given to the relevant authority as soon as practicable after the employee is aware of it.AustraliaEmployment and HRHBA Legal
ArticleTribunal finds a fall in the course of employment did not cause or aggravate a rotator cuff injuryThe Tribunal was asked to determine liability for a shoulder injury suffered when an officer fell over in a carpark.AustraliaEmployment and HRHBA Legal
ArticleTribunal rejects application for stay order, to recover compensation paymentsA stay order for the Tribunal works to prevent the implementation of the decision to which the proceeding relates.AustraliaEmployment and HRHBA Legal