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  1. Court finds employer had no duty to take reasonable care to avoid a psychiatric injury arising from reasonable steps in investigating, assessing, educating and reprimanding worker

    20 August 2020 | Insurance & Health Law

    A worker alleged her adjustment disorder resulted from her employer’s breach of duty of care stemming from bullying allegations and investigations into the worker’s performance. In Issue What is the duty of care owed by an employer during...

  2. The Full Court confirms that a s81A referral does not require watertight evidence

    2 June 2020 | Insurance & Health Law

    An employer disputed liability for a physical injury based on a medical opinion that was ambiguous on its face as to the nature and cause of a worker’s injury, an injury which clearly had some relationship to work. In Issue Whether, at s81A hearing...

  3. Recent snippets from the Tasmanian Workers' Rehabilitation and Compensation Tribunal

    24 February 2020 | Insurance & Health Law

    A s81A hearing is not the forum for arguing over a reasonable cause Under the Workers Rehabilitation and Compensation Act 1988 (Tas) (the Act), a s81A hearing is not a forum for the Tribunal to determine whether the worker has a reasonable excuse[1] for...

  4. The undoing of a hug

    20 November 2019 | Insurance & Health Law

    An employer's redundancy process that brought about an adjustment disorder was reasonable administrative action, and that defence should be given its widest possible interpretation in the employer's favour. In Issue Whether the employer's...

  5. Worker establishes factual issues for common law claim by the employer’s acceptance of his workers compensation claim

    20 November 2019 | Insurance & Health Law

    A truck driver made a claim after he did not recover from two injuries that he initially shrugged off. The worker successfully established the employer's negligence following a dispute as to whether the events that caused the worker’s injuries...

  6. Is administrative action ‘reasonable’ just because you have acted in accordance with your own policies and procedures? Not necessarily

    20 August 2019 | Insurance & Health Law

    The Worker’s claim for compensation was rejected by the Employer on the basis that her adjustment disorder resulted from reasonable administrative action, following the termination of her employment in accordance with the Employer’s policies....

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