Insights Insights
  1. Reading the whole medical report – the importance of avoiding a “pick and choose” approach

    6 May 2022 | Insurance & Health Law

    Bowskill 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.

  2. Reversing the onus of proof in journey claims: deceased worker unable to explain substantial deviation

    6 April 2022 | Insurance & Health Law

    The 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.

  3. Soldier by day, triathlete by night

    4 March 2022 | Insurance & Health Law

    Was an employee of the Defence Force entitled to workers compensation for injuring himself while competing in a triathlon which was unrelated to the Army?

  4. Filed proceedings gone stale: Court considers the application of s 207B(8) WCRA where filed proceedings have not been served

    4 February 2022 | Insurance & Health Law

    The Queensland Supreme Court considered the correct interpretation of the indemnity clause found in section 207B(8) of the Workers Compensation and Rehabilitation Act 2003 (Qld).

  5. Findings of arbitrator admitted in common law proceedings: a consideration of when issue estoppel arises

    8 December 2021 | Insurance & Health Law

    In a workers’ compensation claim, an arbitrator found that an employer bullied and harassed a worker in the course of her employment and that this was the whole and predominant cause of her psychological injury. In later common law proceedings, the Federal Court found that the employer was...

  6. Supreme Court considers when an insurer can properly terminate a worker's statutory claim

    8 December 2021 | Insurance & Health Law

    The Supreme Court of Queensland recently determined that insurers for workers’ compensation purposes cannot review the circumstances of the acceptance of a statutory claim under section 168 of the WCRA.

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