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  1. Mandatory Vaccinations: A workers’ compensation pickle

    4 November 2021 | Insurance & Health Law

    Generally, employers have a statutory obligation under relevant workplace health and safety legislation to ensure (so far as reasonably practicable) the health and safety of its employees. Mandatory vaccination policies are, for some employers, now being...

  2. Banana worker’s damages reduced for contributory negligence, work history and medical condition

    22 October 2021 | Insurance & Health Law

    The Supreme Court of Queensland found an employer liable for the loss and damage suffered by a worker who sustained injuries when the top of a banana tree fell on him, but reduced his damages by 10% for contributory negligence, for failing to act reasonably to avoid the obvious risk of being hit by...

  3. Worker successfully claims compensation for neck injury with an underlying degenerative condition

    27 August 2021 | Insurance & Health Law

    The County Court of Victoria found that the worker’s neck injury was causally related to his employment, however assessment of damages relevantly considered the worker’s underlying condition as a factor.

  4. Court of Appeal strikes out appeal made by injured worker

    27 August 2021 | Insurance & Health Law

    The Court of Appeal confirmed that an injured workers’ last chance to challenge a decision with respect to their claim is through an appeal to the Industrial Court of Queensland. Thereafter, the worker has no right of appeal to the Court of Appeal.

  5. Worker’s redundancy found to be unreasonable management action

    27 August 2021 | Insurance & Health Law

    The Queensland Industrial Relations Commission recently considered that the termination of a worker’s employment was found to be neither reasonable management action nor reasonably taken.

  6. Reliance upon medical reports – consideration of context in disputing a workers compensation claim

    28 July 2021 | Insurance & Health Law

    SUMMARY The decision of a Tasmanian Tribunal to infer meaning from the omission of specific terms in a medical report sought to be relied upon by the employer is successfully appealed in the Supreme Court. The Court rules that individual statements/responses in medical reports and their omissions...

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