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Goldilocks evidence for reasonably arguable case determination still needed for employer to discharge onus
12 July 2021 | Insurance & Health LawThe Supreme Court further review what is needed for a reasonably arguable case determination under s81A of the Act - make sure you have enough evidence to discharge the onus and think about what directions the Tribunal could go with the evidence you have...
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Clash of personalities - what is and is not work related
12 July 2021 | Insurance & Health LawThe Supreme Court considered a s81A decision from the Workers Rehabilitation and Compensation Tribunal that there was no reasonably arguable case as to a personality conflict and events arising in and out of work and whether those interactions between...
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Surveillance footage has no weight in claim for a psychological condition despite medical evidence that worker’s condition had improved
19 May 2021 | Insurance & Health LawThe Administrative Appeals Tribunal found that an employee suffering from psychological injury resulting from a workplace incident can be considered incapacitated for work 8 years later despite undertaking work in other fields, with the employee being able to claim compensation for his ongoing...
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Worker successfully claims compensation for permanent impairment resulting from injuries sustained in multiple workplace incidents
30 April 2021 | Insurance & Health LawThe Court of Appeal found that a worker’s injuries which occurred in the course of three separate workplace incidents could all be considered as having resulted from the initial incident and therefore could be combined together for the purposes of assessing the worker’s whole person impairment....
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Transfer of Proceedings & Jurisdiction – monetary limits not the only deciding factor
10 March 2021 | Insurance & Health LawA recent decision by His Honour Justice Crow in the Rockhampton Supreme Court involving an application by the Defendant in a workers’ compensation claim to have the matter transferred from the Supreme Court of Rockhampton to the District Court at Rockhampton.
