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. But the expert says!

    6 April 2022 | Insurance & Health Law

    This Supreme Court appeal decision looks at how the content of expert reports should be evaluated by a Tribunal for the purposes of a s81A referral.

  3. How far is too far? Victorian Supreme Court clarifies what is expected of employers where there is a reasonably foreseeable risk of psychiatric injury

    6 April 2022 | Insurance & Health Law

    The Court of Appeal refused an application of leave, finding that an employer did not breach its duty of care to prevent psychological injury, despite the injury being reasonably foreseeable.

  4. Employer found liable for employee’s conduct post-termination

    6 April 2022 | Insurance & Health Law

    The NSW Personal Injury Commission accepted a worker’s psychological injury claim arising from a manager’s harassment and intimidation, continuing after termination, was found to arise in the course of the worker’s employment, as the manager’s conduct was a continuation of behaviour...

  5. 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.

  6. When does workplace stress amount to a psychiatric injury?

    4 March 2022 | Insurance & Health Law

    The Queensland Supreme Court recently considered the foreseeability of risk of a psychiatric injury being sustained in the workplace in circumstances where disciplinary action was taken against an employee.

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