Barry.Nilsson. Lawyers

At work, or not at work - that is the question

16 August 2022 | Insurance & Health Law

Defining a worker’s ‘place of employment’ requires contextual analysis of more than just the physical boundaries of the workplace itself.

Cross-examination at a s81A Hearing

16 August 2022 | Insurance & Health Law

A quick note on a potential trend in terms of cross-examination of employer witnesses at the s81A hearing stage and what this means for the employer’s evidence at the initial stages.

Christmas cake goes from sweet to sour in worker’s compensation claim

16 August 2022 | Insurance & Health Law

Tribunal examines legal test applicable to the question of whether a ‘reasonably arguable case’ exists and considers notice argument.

Teacher’s stressful cross-examination at trial found to be within the scope of employment

1 August 2022 | Insurance & Health Law

A duty to report the sexual abuse of a disabled child resulted in a teacher being rigorously cross-examined at a criminal trial causing the teacher significant mental stress. This decision considers whether that mental stress was covered by the statutory worker’s compensation scheme in Tasmania.

Questions to a Medical Panel - will the answer become a Quasi-Judicial Decision?

1 August 2022 | Insurance & Health Law

This case involved the Tribunal determining that the questions asked of a medical panel were not medical in nature and said that a medical panel could not answer them. The Court of appeal said differently.

To pay or to continue to pay, that is the question

1 August 2022 | Insurance & Health Law

Following an independent medical report stating a worker was fit to return to normal duties, an employer applied to the Tribunal for a determination allowing it to cease ongoing payment of weekly compensation. The employer was found to have a reasonably arguable case. However, the Supreme Court...