ArticleBreast reduction surgery: Cosmetic or necessary?The Tribunal found that in the circumstances, breast reduction surgery was not related to the compensable injuries.AustraliaEmployment and HRHBA Legal
ArticleChristmas party season: if it is not official, it is not compensableIf a clear policy for approving work social events is not followed, the Tribunal is unlikely to interfere. AustraliaEmployment and HRHBA Legal
ArticleCredibility issues and delay scupper compensation claimWhere there are delays in reporting incidents, licensees may reject claims, particularly if there are credibility issues.AustraliaEmployment and HRHBA Legal
ArticleHow can an employer trigger the section 19(4)(c) deeming argument?The deeming provisions in 19(4) are prescriptive, so employers must ensure that each element of the section is satisfied.AustraliaEmployment and HRHBA Legal
ArticleNo compo for white knight trucker – AAT dismisses worker's claim for injuries suffered in service station brawlLiability was excluded because the worker "voluntarily and unreasonably submitted himself to an abnormal risk of injury".AustraliaEmployment and HRHBA Legal
ArticleProvision of assistive equipment could prevent ongoing claims for compensationWhen considering a compensation claim, the relevant circumstances of the applicant should be taken into account first.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
ArticleTrick or treatment: Section 16 in relation to test goes under the knifeThe meaning of "medical treatment obtained in relation to the injury" within section 16 of the SRC Act was considered.AustraliaEmployment and HRHBA Legal
ArticleWorkers compensation - Spotless Group Limited v Piggott [2015] WADC 13It was not open for the Arbitrator to make her own findings on matters that required supportive expert medical evidence.AustraliaEmployment and HRHBA Legal
ArticleDoctor struck off for prescribing steroidsThe doctor had acted carelessly, incompetently and improperly, in a way that constituted professional misconduct.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticlePain management regimes and opiate toxicity – a fine lineThe unfortunate death of Mr Calder provides a warning to doctors in devising their pain management medication regimes.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleWhen human error causes the death of not-for-resuscitation (NFR) patientsAn NFR order is meant to identify patients with advanced illnesses who would not benefit from life-saving therapies.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleWhen ‘Conservative Treatment' isn't enough: recognising and responding to clinical deteriorationA good communication system between staff is vital to be able to quickly and accurately identify deteriorating patients.AustraliaFood, Drugs, Healthcare, Life SciencesHBA Legal
ArticleQueensland Court of Appeal upholds that deceased driver owed duty of care to police officerA driver who negligently causes an accident, owes a duty of care to police officers who attend the accident scene.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleQueensland Court of Appeal upholds that the deceased driver owed duty of care to police officerA driver who negligently causes an accident owes a duty of care to any emergency workers who attend the accident scene.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleThe importance of incident reporting for injury claimsA plaintiff's evidence about an event will almost always be accepted over others because they would best remember it.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleTribunal finds applicant exaggerated symptomsSummary & discussion about recent personal injury case where the applicant was found to have exaggerated symptoms.AustraliaLitigation, Mediation & ArbitrationHBA Legal
ArticleLean, Mean, Fighting Machine – Lean Law: The next big legal revolution?This third and final part of this Innovation series looks ahead to building a culture of Lean Law within law firms.AustraliaLaw Practice ManagementHBA Legal
ArticleNew costs item for section 92(f) agreements in Western Australia: Contentious business indeedThe latest Contentious Business Report 2018 contains an important update relevant to the WA Workers' Compensation Scheme.AustraliaEmployment and HRHBA Legal