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Tribunal dismisses claims due to “abuse of process”
December 14, 2021
NXPQ and Comcare [2021] AATA 4094. Key Points: The Tribunal was asked to dismiss two applications on the basis that they were made on substantially the same facts as a claim which had already previously been decided by the Tribunal. The Tribunal found in favour of Comcare and dismissed both applications on the basis […]
To summons, or not to summons, that is the question
December 14, 2021
Martinovic and Australian Capital Territory [2021] AATA 3435. Key Points: An employee of the ACT objected to a summons issued to obtain her medical records on the basis that the records contained information which, if disclosed, would remove her right to privacy on matters which she believed had no relevance to the proceedings. The […]
Tribunal finds lower back injury not caused by prolonged sitting/standing at government department
November 30, 2021
Salehi and Comcare [2021] AATA 3294. Key Points: The Tribunal was asked to determine liability for a lower back injury claimed to have been sustained due to prolonged sitting and standing in the workplace. The Tribunal accepted that the employee suffered from a lower back condition but found no evidence that the condition was […]
Tribunal: actions to address underperformance were reasonable
November 29, 2021
YYHQ and Comcare [2021] AATA 3809. Key Points: The Tribunal was asked to consider liability for a psychological condition, claimed to have been caused by bullying and harassment at the Department of Home Affairs. The Tribunal found that the psychological condition did not meet the definition of Injury as it was suffered as a […]
Weight loss surgery not related to psychological condition
November 29, 2021
Fittock and Comcare [2021] AATA 3628. Key Points: The Tribunal was asked to consider liability for weight loss surgery obtained by a customer service officer working at Services Australia. The employee claimed that the surgery was necessary to treat her accepted psychological condition. The Tribunal applied Howes v Comcare [2016] FCA 1521 and found […]
AFP Officer’s appeal dismissed – Full Federal Court upholds reliance on section 53
November 29, 2021
Leach v Comcare [2021] FCAFC 134. Key Points: The Full Federal Court was asked to decide whether the Federal Court and the Tribunal had erred in finding that Mr Leach had failed to provide notice of his injury as soon as practicable after he became aware of it. The Full Court dismissed the appeal. […]
HBA again among Australia’s best insurance law firms
November 11, 2021
HBA Legal has been named one of Australia’s best insurance law firms in the 2021 Doyle’s Guide rankings – this year on both the east and west coasts of Australia. The rankings are highly regarded within the legal industry in that they are peer nominated and peer and client voted. Additionally, one can only nominate […]
Federal Court: AFP Officer not “double dipping”
September 30, 2021
Friend v Comcare [2021] FCA 837. Key Points: Ms Friend had an accepted claim for workers’ compensation under the SRC Act for “gastritis, irritable bowel syndrome, adjustment disorder with depressed and anxious mood and panic disorder without agoraphobia”. Ms Friend received $1.25 million in damages for sexual harassment and discrimination allegedly experienced in the […]
When a medical clinic submits summons compliance expenses, what’s reasonable?
September 30, 2021
Stekovic and Comcare [2021] AATA 2230. Key Points: The Tribunal was asked to consider the reasonableness of expenses claimed by a medical clinic for compliance with a summons. The Tribunal found that the medical clinic had not provided sufficient evidence to support the costs claimed. The Tribunal applied the authority in Bestt and Military […]
Full Federal Court confirms compensation not payable where causal nexus between injury and employment no longer exists
September 30, 2021
Woodhouse v Comcare [2021] FCAFC 95. Key Points: The Full Federal Court was asked to decide whether the Tribunal had erred in deciding that Ms Woodhouse’s psychological condition could no longer be said to be contributed to, to a material, degree, by her employment. The Full Court dismissed each of Ms Woodhouse’s grounds of […]