Worker successfully claims compensation for neck injury with an underlying degenerative condition27 August 2021 | Insurance & Health Law
The County Court of Victoria found that the worker’s neck injury was causally related to his employment, however assessment of damages relevantly considered the worker’s underlying condition as a factor.
Court of Appeal strikes out appeal made by injured worker27 August 2021 | Insurance & Health Law
The Court of Appeal confirmed that an injured workers’ last chance to challenge a decision with respect to their claim is through an appeal to the Industrial Court of Queensland. Thereafter, the worker has no right of appeal to the Court of Appeal.
Worker’s redundancy found to be unreasonable management action27 August 2021 | Insurance & Health Law
The Queensland Industrial Relations Commission recently considered that the termination of a worker’s employment was found to be neither reasonable management action nor reasonably taken.
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...
Goldilocks evidence for reasonably arguable case determination still needed for employer to discharge onus12 July 2021 | Insurance & Health Law
The Supreme Court further reviewed 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 may make with the evidence you...
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.