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At work, or not at work - that is the question
16 August 2022 | Insurance & Health LawDefining a worker’s ‘place of employment’ requires contextual analysis of more than just the physical boundaries of the workplace itself.
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Christmas cake goes from sweet to sour in worker’s compensation claim
16 August 2022 | Insurance & Health LawTribunal examines legal test applicable to the question of whether a ‘reasonably arguable case’ exists and considers notice argument.
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To pay or to continue to pay, that is the question
1 August 2022 | Insurance & Health LawFollowing an independent medical report stating a worker was fit to return to normal duties, an employer applied to the Tribunal for a determination allowing it to cease ongoing payment of weekly compensation. The employer was found to have a reasonably arguable case. However, the Supreme Court...
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Reading the whole medical report – the importance of avoiding a “pick and choose” approach
6 May 2022 | Insurance & Health LawBowskill J reiterates that medical reports must be read as a whole and it is ‘artificial and inappropriate’ to pick and choose the more favourable parts of a report.
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Reversing the onus of proof in journey claims: deceased worker unable to explain substantial deviation
6 April 2022 | Insurance & Health LawThe Industrial Court found a worker’s claim should be rejected where the worker could not provide an explanation for a 7-hour interruption in a journey claim.
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Soldier by day, triathlete by night
4 March 2022 | Insurance & Health LawWas an employee of the Defence Force entitled to workers compensation for injuring himself while competing in a triathlon which was unrelated to the Army?
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