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  • July 14, 2020Telstra win: Fed Court upholds slip & fall decision

    Dring v Telstra Corporation Limited [2020] FCA 699.   Key Points: The Federal Court was required to consider whether Ms Dring sustained an injury arising out of, or in the course of, her employment with Telstra. The Tribunal found that Ms Dring sustained the injury in an interval of her employment with Telstra and, therefore, […]

  • July 13, 2020AAT confirms denial of liability for epicondylitis in call centre worker

    Shirreff and Comcare [2020] AATA 1710 (11 June 2020).   Key Points: The Tribunal was asked to decide whether an employee developed epicondylitis as a result of repetitive duties at work. The Tribunal found in favour of Comcare.   Background: Ms Jenny Shirreff was employed by the Department of Human Services in Victoria, as a […]

  • July 1, 2020Specialist Opinion Cure for Significant Delay in Extension Application

    Masters v Daoud [2020] QDC 38.   Key Points: Rinaudo DCJ of the District Court of Queensland was required to consider whether, in an application for an extension of time pursuant to s 31 of the Limitations of Actions Act 1974 (Qld): specialist opinion constituted a “material fact of a decisive character”; and before that […]

  • April 17, 2020Tribunal concludes that Telstra didn’t cause heart attack

    Faltusz and Telstra Corporation Ltd [2019] AATA 5995.   Key Points: Mr Faltusz claimed workers’ compensation following a heart attack, suffered outside of his workplace, while he was waiting for a bus. The Tribunal found there was no link between Mr Faltusz’s employment and the claimed condition. The Tribunal found in favour of the employer. […]

  • April 17, 2020What we can learn from NZ’s workers’ compensation scheme regarding hernia claims?

    David MacDonald v Accident Compensation Corporation [2009] NZACC 153.   Background: In the United Kingdom in 1996, Smith G D, Crosby D L and Lewis P A conducted a study into 129 patients who had a total of 145 inguinal hernias. The study showed that in only 7% of cases the hernia was subjectively attributable to […]

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