Employer’s negligence limits its right of recovery from another tortfeasor1 February 2018 | Insurance & Health Law
Whether an employer, who was also a tortfeasor, could recover payments of workers compensation from another tortfeasor. In Issue Apportionment of liability. Whether an employer is entitled to recover compensation from a third party tortfeasor when the...
Court relies on social media evidence to reduce $20M damages claim to nominal sum5 December 2017 | Insurance & Health Law
Social media evidence used by defendant to reduce claim for $20 million damages to nominal sum. In Issue Whether surveillance and social media records were admissible to contradict the plaintiff’s account of disabilities. The Background Yena Foong...
Mere connection between an accident and employment does not mean employment “contributed to” an injury20 July 2017 | Insurance & Health Law
Damages for a woman injured while driving a bus in the course of her employment were assessed under the CLA, not common law, as her injury was not sufficiently connected to the "exigencies of [her] employment". In Issue The nature and extent of...
The cost of additional space needed to operate life preserving equipment is a ‘medical service’ and compensable11 July 2017 | Insurance & Health Law
Increased rental expenses are compensable as a 'medical service' within the meaning of the Transport Accident Act 1986 (Vic) In Issue Whether increased rental expenses are compensable under the Transport Accident Act 1986 (Vic) The Background On 8...
No proportionate liability in dependency claims9 May 2017 | Insurance & Health Law
A dependency claim is not an apportionable claim within the meaning of Part 4 of the Civil Liability Act 2002 (NSW). In Issue Whether a Compensation to Relatives Act 1987 (NSW) claim is properly characterised as arising from personal injury for the...
No liability for rent associated with housing life sustaining equipment and a carer3 May 2017 | Insurance & Health Law
Supreme Court of Victoria upholds VCAT decision that increased rental expenses arising from need to house life saving equipment and carer not covered under Transport Accident Act 1986. In Issue Whether increased rent as a result of housing life sustaining...