Insights
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Every dog may have its day, but for this Worker, today was not that day
20 August 2019 | Insurance & Health LawTherapy, treatment and rehabilitation for injured workers can take many forms, and in the view of one worker with PTSD, his psychiatric assistance dog Ted was all of that and more. However, on their interpretation of the Act, the AAT had a different view,...
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Plaintiff unsuccessful in claim against employer for substantially pre-existing injuries
20 August 2019 | Insurance & Health LawJudgment for the Defendant in a claim for personal injuries allegedly sustained in the course of employment where the Plaintiff failed to disclose the extent of his substantially pre-existing injuries. In Issue Were the injuries sustained in the manner...
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No Contributory Negligence Found for Worker’s Own Exposure to Risk
20 August 2019 | Insurance & Health LawAn Employer, Principle Contractor and Supervisor were found to have breached their duty to a worker for failing to prevent a foreseeable and known hazard. No contributory negligence was found against the Worker for placing himself in harm’s way. In...
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Consolidated Tribunal Under Construction: Proposed Dispute Resolution changes to New South Wales’ Workers Compensation Scheme
20 August 2019 | Insurance & Health LawKey Points The New South Wales Government supports the establishment of a consolidated personal injury tribunal dealing with Workers Compensation and Compulsory Third Party insurance disputes. The Government will consult with scheme participants about the...
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Is administrative action ‘reasonable’ just because you have acted in accordance with your own policies and procedures? Not necessarily
20 August 2019 | Insurance & Health LawThe 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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Employer fails to recover payments from worker who lodged a false claim
20 August 2019 | Insurance & Health LawA 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 Management...
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