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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.

HBA Legal® boosts WHS credentials with new Partner

February 16, 2021

MEDIA RELEASE: Defendant insurance specialist HBA Legal has bolstered its workplace health and safety offering, bringing in highly-regarded expert Damian Hegarty in Brisbane. Mr. Hegarty, formerly a partner at DWF, focuses on the defence of actions brought against companies and individuals by various regulators. Damian has been involved in a number of high-profile inquests and […]

Employee succeeds in claim for netball injury during NAIDOC week

February 10, 2021

Rye and Comcare [2020] AATA 4963.   Key Points: An employee claimed workers’ compensation for an injury to her right knee, sustained as a result of playing netball in a competition arranged as part of NAIDOC Week. The Tribunal was asked to consider whether the injury arose out of, or in the course of, her […]

NAB call centre off the hook over psychological condition claim

February 10, 2021

Plummer and National Australia Bank Limited [2020] AATA 3759.   Key Points: The Tribunal was asked to consider whether a call centre worker suffered a psychological condition as a result of receiving abusive telephone calls. The Tribunal noted that the applicant failed to raise work-related stressors which had allegedly caused his illness, either to his […]

Tribunal overturns liability for shoulder injury in Centrelink worker

February 10, 2021

Zaveczky and Comcare [2020] AATA 4960   Key Points: Ms Zaveczky claimed that using a keyboard and mouse as part of her role at Centrelink caused her to suffer injuries to both upper limbs. The Tribunal found that Ms. Zaveczky’s employment did not contribute to a significant degree to her injury due to a lack […]

Vexatious Application dismissed by Canberra Tribunal

February 2, 2021

Paunovic and Australian Capital Territory [2020] AATA 5070 (20 November 2020). Key Points The Tribunal was asked to dismiss an application because liability for the applicant’s workers’ compensation claim had been accepted and the application was considered vexatious. The Tribunal heard from both parties at an interlocutory hearing and then dismissed the application for review. […]

HBA Legal investing in talent as part of Crawford & Company®

January 28, 2021

MEDIA RELEASE:  National insurance law firm HBA Legal has started implementing its talent acquisition and growth plan just 12 weeks after integrating into Crawford & Company®, the world’s largest publicly listed independent provider of claims management and outsourcing solutions to carriers, brokers and corporations. Courtney Steele joins the defendant insurance specialists as partner, following 13 […]

Tribunal finds significant relationship between lateral epicondylitis and computer use

December 14, 2020

Mansfield and Comcare [2020] AATA 3917.   Key Points: Ms Mansfield claimed compensation for an injury to her right arm (right lateral epicondylitis), as a result of using a computer mouse. The Tribunal was asked to decide whether Ms Mansfield’s injury was contributed to, to a significant degree, by her employment. The Tribunal found in […]

No compensation: sailor’s ‘workplace’ hip injury would have happened anywhere  

December 14, 2020

Ross and Comcare (Compensation) [2020] AATA 4350.   Key Points The Tribunal was asked to decide on liability for a stress fracture of the hip sustained on a Commonwealth Maritime Vessel. The Tribunal highlighted the importance of distinguishing between whether a condition was made worse by work, or whether it simply became worse while the […]

Psychological condition arising out of adverse determination not compensable

December 14, 2020

Crick and Comcare [2020] AATA 4483.   Key Points: The Tribunal was required to consider whether Ms Crick continued to suffer from a back injury and a psychological condition. The Tribunal considered whether claims management processes can be considered part of “employment”. The Tribunal affirmed the decision to cease liability for Ms Crick’s claims because […]

Tribunal finds headaches are not an “injury”

December 2, 2020

Wuth and Comcare [2020] AATA 3625   Key Points: The Tribunal was required to consider liability for a chronic daily headache condition. The Tribunal highlighted the importance of distinguishing between symptoms and an identifiable physiological change. In the absence of any physiological change the Tribunal concluded that Ms Wuth had not suffered an injury for […]