Reliance Upon Medical Reports – consideration must be had for their context in disputing a workers compensation claim28 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...
Goldilocks evidence for reasonably arguable case determination still needed for employer to discharge onus12 July 2021 | Insurance & Health Law
The 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...
Clash of personalities - what is and is not work related12 July 2021 | Insurance & Health Law
The 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...
The Court reinforces the importance of adequate training and instruction even where the employee has extensive experience19 May 2021 | Insurance & Health Law
The New South Wales Supreme Court found that the employer failed to provide a safe system of work even where the plaintiff knew of the risk associated with lifting heavy items from an awkward position.
Court of Appeal increases damages awarded to injured truck driver19 May 2021 | Insurance & Health Law
The Queensland Court of Appeal recently allowed an appeal by an injured worker resulting in an increase in damages awarded in respect of future economic loss.
A sheepish accident worth $1.4 million12 March 2021 | Insurance & Health Law
A worker was awarded damages of $1.4 million for injuries arising from a workplace incident where a trailer deck dropped on his arm when he was unloading sheep from a trailer.