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Kumatia and Comcare [2018] AATA 1505. Key Points: Comcare argued that a claim for medical treatment, without a substantive claim for compensation, did not confer the Tribunal with jurisdiction to determine liability. The Tribunal determined that claims for medical treatment can form the basis of a claim for compensation where the decision-maker has considered […]
Mozsny and Comcare [2018] AATA 1966. Key Points: The question was: whether an injury suffered at an unofficial Christmas party (attended by work colleagues) happened during the course of employment. The injury occurred outside of the normal place of employment at an event that was not officially approved or endorsed by the employer. The Tribunal […]
Which one and why? Key points: Both deeds and agreements are used to record the terms of a settlement and impose legally binding obligations on parties. In this article we explore some of the key differences between deeds and agreements. Key differences: Some of the key differences between deeds and agreements include: An agreement […]
Buswell v TAL Life Ltd [2018] NSWSC 1507. Key Points: Damages are capital and not “income” under an income protection policy. To reduce compensation benefits due to a payment of damages for loss of earning capacity, income protection policies need to be clearly worded to do so. Background: The plaintiff was a Senior Constable […]
Dring and Telstra Corporation Limited [2018] AATA 3149. Key Points: While on a work trip, the applicant slipped over at her hotel after a night out drinking. The Tribunal found that the injury was sustained in an interval from her employment as the activities undertaken were not induced or encouraged by Telstra. Background: The […]
