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  1. Regular overtime payments are included when calculating Amount Aa

    20 November 2019 | Insurance & Health Law

    The decision considers whether overtime payments are part of a worker's compensable weekly earnings for the purposes of the Workers' Compensation and Injury Management Act 1981 (WA) (the Act). In issue The question of law raised by the ...

  2. An election to seek damages not carried out in accordance with the Act does not restrict worker’s right to proceed with damages claim

    20 November 2019 | Insurance & Health Law

    The decision considers a worker's right to continue a claim for damages after non-compliance with the Workers' Compensation and Injury Management Act 1981 (the Act) relating to obtaining a special evaluation of his degree of impairment....

  3. Employer fails to recover payments from worker who lodged a false claim

    20 August 2019 | Insurance & Health Law

    A worker was paid compensation with respect to a claim which was later found to be false. The decision considers an employer’s right to recover the compensation payments pursuant to section 71 of the Workers' Compensation and Injury M...

  4. Worker successfully claims compensation for a stress condition after being stood down and later terminated

    20 August 2019 | Insurance & Health Law

    The Worker was stood down pending an investigation into alleged breaches of an employer’s Code of Conduct. The Worker developed a stress condition and sought compensation. The Employer argued that the injury was not compensable under the Act ...

  5. Is an employee working in Indonesia entitled to compensation in Western Australia

    16 May 2019 | Insurance & Health Law

    A District Court Judge has allowed an employee to claim workers’ compensation in Western Australia after he contracted dengue fever when he had been working in Indonesia for 11 months. In Issue The Judge had to decide whether an employee, who...

  6. Are subjective reports of symptoms from a worker sufficient to establish that a worker suffered an injury

    14 May 2019 | Insurance & Health Law

    A cleaner developed symptoms in her left shoulder, wrist and forearm after moving a chair at work. There was no consensus in the medical evidence as to the diagnosis or what injury was sustained, and there was a dispute as to whether the worker suffere...

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