Barry.Nilsson. Lawyers

Findings of arbitrator admitted in common law proceedings: a consideration of when issue estoppel arises

8 December 2021 | Insurance & Health Law

In a workers’ compensation claim, an arbitrator found that an employer bullied and harassed a worker in the course of her employment and that this was the whole and predominant cause of her psychological injury. In later common law proceedings, the Federal Court found that the employer was...

A reasonable management action… but was it taken in a reasonable way?

8 December 2021 | Insurance & Health Law

The decision to deny the worker compensation due to the injury arising from reasonable management action is overturned as the action was not taken in a reasonable way

Claiming further compensation after finalisation of a damages claim – is it really a clear-cut case of ‘double dipping’?

8 December 2021 | Insurance & Health Law

The Queensland Court of Appeal recently considered whether WorkCover Queensland was entitled to be reimbursed compensation paid to a deceased worker’s spouse under sections 196 and 197 of the Workers’ Compensation and Rehabilitation Act 2003...

Worker successfully appeals dismissal of claim due to error and matter remitted back to be determined by new Arbitrator

8 December 2021 | Insurance & Health Law

The Appellant developed upper limb symptoms, which were later confirmed to be the result of cervical pathology, and alleged the cervical pathology and upper limb symptoms occurred due to her work with the Respondent. The issue was whether or not the condition was caused by her work, or by...

COVID-19 death found to have occurred during the course of worker’s employment

8 December 2021 | Insurance & Health Law

In issue In issue before the Commission was: Whether the deceased was an employee of the respondent Whether his COVID-19 infection arose out of or in the course of his employment Whether his employment with the respondent was the main contributing factor...

Supreme Court considers when an insurer can properly terminate a worker's statutory claim

8 December 2021 | Insurance & Health Law

The Supreme Court of Queensland recently determined that insurers for workers’ compensation purposes cannot review the circumstances of the acceptance of a statutory claim under section 168 of the WCRA.