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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.
Covid-19, vaccinations & the workplace – an HR issue or a Safety issue?
October 1, 2021
The management of COVID-19 in the workplace is a health and safety issue employers have been grappling with since the start of the pandemic. The recent developments with WorkSafe Victoria charging the Victorian Department of Health with 58 breaches of the Occupational Health and Safety Act (Vic) regarding Victoria’s hotel quarantine system is reflective of […]
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 […]
Tribunal confirms physiological change necessary for an “Injury” under Comcare scheme
September 30, 2021
QXQH and Comcare [2021] AATA 3036. Key Points: The Tribunal was asked to consider whether an Executive with Services Australia was entitled to further compensation in relation to a shoulder injury suffered in 2015. The Tribunal found that the original injury was a sprain, without physiological change, which did not constitute an “Injury”. The […]
Tribunal affirms decision to cease compensation to Australia Post employee for 1993 work injury
September 17, 2021
Hickey and Australian Postal Corporation [2021] AATA 1521 (20 May 2021). Key Points: The Tribunal was asked to consider ongoing liability to pay compensation to an Australia Post employee in respect of a lower back injury sustained in 1993. Australia Post produced evidence that the worker would have recovered within three months after the […]
Tribunal finds a fall in the course of employment did not cause or aggravate a rotator cuff injury
September 7, 2021
Dzajkoska and Comcare (Compensation) [2021] AATA 2035. Key Points The Tribunal was asked to determine liability for a shoulder injury suffered when an Administration Officer fell over in a carpark at Sydney Airport. The Tribunal found that the employee’s shoulder injury was pre-existing and was not aggravated by the fall. The Tribunal found in […]
Tribunal finds Youth Worker suffered lower back injury while setting up for Karaoke event
September 7, 2021
FSBS and Australian Capital Territory [2021] AATA 1661. Key Points: The Tribunal was asked to consider liability for a back injury sustained by a Youth Worker while carrying chairs at a school. The Tribunal found that the employee suffered a soft tissue strain injury, as a result of the work incident. The Tribunal set […]
Crawford’s Australian law firm appoints more top talent
August 17, 2021
Media Release BRISBANE: HBA Legal, part of Crawford & Company®, the world’s largest publicly listed independent provider of claims management and outsourcing solutions, is continuing to strengthen its Queensland workers’ compensation, insurance litigation and public liability expertise, appointing highly regarded solicitor Robert Parcell as Special Counsel. With 30 years’ experience, Parcell is the […]
Success and clarity for labour hire companies across Australia: casual workers are just that, casual.
August 6, 2021
It is a question which has challenged and confused Australian employers, particularly labour hire companies, in recent years. While it has been a long time coming, employers now have clarity that casual workers are just that, casual. They are not required to be paid leave entitlements – leave entitlements are reserved for permanent employees. This […]