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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.
Release from implied undertaking? There might be no need!
May 18, 2017
Chin v Comcare [2017] AATA 634 (10 May 2017) Key Points The Tribunal was required to consider whether Comcare could use reports obtained in the course of proceedings for claims management purposes, despite them being caught by the implied undertaking. The Tribunal found that, while the implied undertaking applied to the documents, Comcare’s proposed use […]
Tell ‘em who’s boss (but do it the right way): Tribunal finds Administrative Actions not reasonable
May 5, 2017
O’Connell and Comcare [2017] AATA 178 Key Points The Administrative Appeals Tribunal was asked to consider whether an informal meeting with an employee, and a Notice to that employee that she had been referred for a Fitness for Duty assessment, constituted reasonable administrative actions undertaken in a reasonable manner for the purpose of section 5A(1) […]
If an employee is demoted during a period of accepted incapacity for work, does that employee’s NWE change accordingly?
May 5, 2017
Hobday v Comcare [2016] AATA 504 Key Points The Tribunal found that, although Mr Hobday’s NWE was calculated at one rate at the time of his accepted injury, as a result of changes in his classification of employment, his NWE should be altered to correctly reflect the change in classification. Background Mr Hobday was employed […]
Blurred lines: When does a medico-legal report serve as medical treatment, if ever?
May 5, 2017
Lockwood and Telstra Corporation Limited (Compensation) [2016] AATA 1053 Key Points If there is an accepted claim for worker’s compensation, can a medico-legal report have a dual purpose? That is, can it act not only as a medico legal opinion, but also medical treatment? The Tribunal considered this issue in circumstances where an injured worker […]
How can an employer trigger the section 19(4)(c) deeming argument?
May 5, 2017
Talevski and K & S Freighters Pty Ltd (Compensation) [2016] AATA 492 Key Points The Tribunal found that Mr Talevski was not offered suitable employment and therefore, his employer was unable to rely on the deeming provisions in section 19(4) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act). Background On 4 […]
Inconsistent evidence leads to release from implied undertaking
May 5, 2017
Carole Shales v Commonwealth Bank of Australia Key Points The Tribunal was required to consider whether the circumstances in this case warranted release from the implied undertaking as it related to the summonsed documents and a medical report which commented on those documents. The Tribunal found that Ms Shales’ conduct throughout the processing of the […]
Short term gain for long term pain: reasonable physiotherapy treatment
May 5, 2017
Yeats and Comcare [2017] AATA 80 (27 January 2017) Oliver and Comcare [2017] AATA 252 (28 February 2017) Key Points In both cases, the Tribunal was required to consider whether physiotherapy treatment constituted reasonable medical treatment pursuant to section 16 of the SRC Act. The lesson to be learnt from the cases is that […]
Time over effort: Salary increases under the SRC Act
May 5, 2017
Graham and Comcare [2016] AATA 932 (5 September 2016) Key Points The Tribunal considered whether an injured worker would be eligible for performance-based increases in salary in circumstances where he was not working because he was totally unfit. The Tribunal found that injured workers who are not working are only eligible for increases which would […]
You be the Judge: does the Worker or Tribunal decide on the type of permanent impairment to be assessed?
May 5, 2017
Comcare v Farrell [2016] FCAFC 115 Key Points The Full Court of the Federal Court was asked to decide if it was open to the Tribunal to make findings in respect of the assessment of permanent impairment using the Guide in relation to only one injury, when the claim before it was for multiple injuries. […]
When is a discount, not a discount?
April 3, 2017
HBA Legal reflects on the March 2017 change to the UK discount rate for future loss calculations. What does it means for the Australian insurance market? What are the changes? Future loss calculations in UK personal injury claims are set to skyrocket, with Lord Chancellor Elizabeth Truss announcing an unprecedented cut to discount rates […]