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By Andrew Gulyas, Chris Murphy
The ‘claim' for workers compensation was made through a request for medical treatment, rather than by a new claim form.
By Andrew Gulyas, Chris Murphy
If a clear policy for approving work social events is not followed, the Tribunal is unlikely to interfere.
By Melissa Wroe, Andrew Lu
Both deeds and agreements are used to record the terms of a settlement and impose legally binding obligations on parties.
By Josiah Lee, Hamish Craib
If insurers wish to reduce income protection benefits payable due to damages payments, the policy needs clear wording.
By Rebecca Tloczek, Brett Ablong
The injury was sustained in an interval from her employment, as the activities were not induced or encouraged by Telstra.
By James Makowiak, Nathan Hepple
Compensation was paid for 33 years, so Comcare had to prove that the symptoms were no longer related to that incident.
By Naomi Adams
The ailment was not considered an injury for the purposes of the SRC Act, so Ms Carlson was not entitled to compensation.
By Claire Tota, Brett Ablong
Specific criteria for different types of catastrophic injury are set in the SRC (Catastrophic Injury) Rules 2018 (Cth).
By Josiah Lee, Hamish Craib
The Court's obligation to ensure a fair trial allows it to exercise discretion to permit expert evidence to be tendered.
By Natasha Fiodoroff, Nathan Hepple
The duty of a contract cleaner is to exercise reasonable care, and reasonable care does not mean perfection is required.
By Iona Sjahadi, Nathan Hepple
This case highlights that employers, although an easy target due to a non-delegable duty of care, are not always liable.
By James Makowiak, Nathan Hepple
If the evidence before the Tribunal is not sufficient to enable it to upset the status quo, the status quo will remain.
By Naomi Adams
Recent case indicates that Tribunal will not accept very late claims, even for psychological injuries.
By Nathan Hepple, Andrew Gulyas
Ongoing physiotherapy was not reasonable medical treatment and his low back condition no longer caused work incapacity.
By Naomi Adams
The Tribunal concluded that both the motivation behind the review and the conduct of the review were reasonable.