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Recent Publications

Our team regularly produces articles and updates on legal developments and the implications for clients. Our latest publications can be viewed below. Alternatively, use the Search function on the left to find the topic of your choice.

Typing duties did not aggravate carpal tunnel syndrome

June 3, 2021

Cavanagh and Comcare [2021] AATA 499   Key Points: The Tribunal was asked to consider whether a Customer Service Officer’s pre-existing carpal tunnel syndrome was aggravated by typing duties. The Tribunal found that while the employee may have experienced an increase in her symptoms, there was inadequate evidence to suggest that the employment duties caused […]

False perceptions are not considered contributing factors to psychological condition

June 3, 2021

WNBR and Comcare (Compensation) [2021] AATA 32.   Key Points: The Tribunal was asked to consider initial liability for a psychological condition. All that is required is that the employee is exposed to some incident, or state of affairs, in the course of the performance of his/her duties and to which he/she would not otherwise […]

Tribunal finds Cleanaway not liable for medical and incapacity payments of truck driver

May 18, 2021

Waititi and Cleanaway Operations Pty Ltd [2021] AATA 924.   Key Points: The Tribunal was asked to consider ongoing liability to pay compensation to a truck driver in respect of a hand injury suffered in 2018. The Tribunal accepted the evidence from Cleanaway’s medical expert that the employee was no longer incapacitated for work and […]

Tribunal applies Prain and finds that decade-long depression is not permanent

May 18, 2021

Bell and Comcare [2021] AATA 832.   Key Points: The Tribunal was asked to consider whether a former Customer Service Officer with the Department of Human Services was entitled to compensation for permanent impairment and non-economic loss in respect of her psychological condition. The Tribunal considered whether there was any ongoing contribution from the employment. […]

HBA Legal home to ‘Best Lawyers’

April 22, 2021

Three HBA Legal partners have been named in the 2022 Edition of Best Lawyers. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Lawyers who are nominated for consideration are voted on by those previously in Best Lawyers, who work in the same practice area […]

HBA Legal bolsters insurance team with senior hire

April 6, 2021

MEDIA RELEASE:  HBA Legal, part of Crawford & Company®, the world’s largest publicly listed independent provider of claims management and outsourcing solutions, has bolstered its capability across medical malpractice, personal injury and general insurance claims, bringing in well-known Perth litigator Natasha Burn. Burn has over 12 years’ experience in the defendant insurance space, joining HBA […]

Tribunal accepts that ATO employment no longer contributes to mental health problems in worker

March 22, 2021

Karabolovska and Comcare [2020] AATA 5189.   Key Points: The Tribunal was asked to consider ongoing liability in respect of a psychological condition, sustained as a result of an abusive phone call from a taxpayer. Medical evidence showed that the employee had significant psychological problems prior to commencing Commonwealth employment. The Tribunal found in favour […]

Federal Court: no general responsibility on employers to rehabilitate injured workers

March 22, 2021

Hooley v Comcare [2020] FCA 1880.   Key Points: An employee of the CSRIO claimed that its failure to provide a rehabilitation program caused him to suffer ongoing psychological problems. The Federal Court was asked to consider whether an employing agency has a general responsibility or obligation to provide a rehabilitation program to an injured […]

HBA Legal launches OH&S service with senior appointment

March 18, 2021

MEDIA RELEASE:  HBA Legal, part of Crawford & Company®, the world’s largest publicly listed independent provider of claims management and outsourcing solutions, has announced the launch of its occupational health and safety (OH&S) service with the appointment of Jamie McPherson as a partner. The OH&S service will offer a comprehensive range of legal services spanning […]

No workers’ compensation for Adelaide NDIA employee who made a willful and false representation

March 11, 2021

WMZC and Comcare [2021] AATA 23.   Key Points: The Tribunal was asked to consider liability for an employee’s psychological condition claimed to have been caused by his employment with the NDIA. The Tribunal found the employee’s mental health condition was not due to his employment, because his psychological condition was similar in nature prior […]