Insights
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More than a storm in a teacup…
25 February 2019 | Insurance & Health LawThe decision of Burns v Corbett [2018] HCA 15 found that a State Tribunal cannot exercise judicial power in regard to matters between residents of different states. The Chief Commissioner of the Tasmanian Workers Rehabilitation and Compensation Tribunal...
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Employer’s duty of care in the face of pre-existing conditions
20 November 2018 | Insurance & Health LawAn employer was found liable for the injuries sustained to a worker when he exited the employer's delivery truck whilst facing outwards, rather than inwards, although damages were substantially reduced to reflect a pre-existing condition. In Issue...
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Negligence claim against employer succeeds after the activation of a portable alarm caused the plaintiff to be startled and strain his neck
20 November 2018 | Insurance & Health LawCase description The plaintiff claimed damages for personal injuries caused when a co-worker switched on a personal gas detector, which triggered an alarm, and startled the plaintiff. In Issue The court had to consider whether the plaintiff’s...
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Service station brawls and 2am falls, can they result in compensable injuries?
20 November 2018 | Insurance & Health LawWith the silly season approaching, these recent decisions on injuries that occur in circumstances that are not ordinary to the workplace, serve as a useful reminder of how the Tribunals assess whether injuries arise ‘in or out of the course of...
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A win for Tasmanian employers when it comes to disputing medical expenses
20 November 2018 | Insurance & Health LawThe employer was deemed to have accepted liability for the worker’s claim for compensation, but subsequently disputed liability to pay a medical expense on the basis that the worker had not suffered an injury in the course of his employment. In...
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‘Sharing is Caring’…or is it?
20 November 2018 | Insurance & Health LawThe Workers’ Compensation and Rehabilitation Act 2003 (‘WCRA’) differentiates between the rights and obligations of an insurer on the one hand and an employer on the other, and restricts the sharing of information between them. This can...
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