WorkCover Queensland’s terminal benefits decision overturned for worker with silicosis13 June 2022 | Insurance & Health Law
The Queensland Industrial Relations Commission overturned WorkCover’s decision to refuse to pay a latent onset terminal condition benefit to a worker who had been diagnosed with silicosis.
But the expert says!6 April 2022 | Insurance & Health Law
This Supreme Court appeal decision looks at how the content of expert reports should be evaluated by a Tribunal for the purposes of a s81A referral.
How far is too far? Victorian Supreme Court clarifies what is expected of employers where there is a reasonably foreseeable risk of psychiatric injury6 April 2022 | Insurance & Health Law
The Court of Appeal refused an application of leave, finding that an employer did not breach its duty of care to prevent psychological injury, despite the injury being reasonably foreseeable.
Employer found liable for employee’s conduct post-termination6 April 2022 | Insurance & Health Law
The NSW Personal Injury Commission accepted a worker’s psychological injury claim arising from a manager’s harassment and intimidation, continuing after termination, was found to arise in the course of the worker’s employment, as the manager’s conduct was a continuation of behaviour...
Reversing the onus of proof in journey claims: deceased worker unable to explain substantial deviation6 April 2022 | Insurance & Health Law
The Industrial Court found a worker’s claim should be rejected where the worker could not provide an explanation for a 7-hour interruption in a journey claim.
Findings of arbitrator admitted in common law proceedings: a consideration of when issue estoppel arises8 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...