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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.
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 […]
Full Federal Court makes finding on late night out for Telstra worker
June 22, 2021
Dring v Telstra Corporation Limited [2021] FCAFC 50. Key Points: The Full Federal Court was asked to consider whether a Telstra employee sustained an injury arising out of, or in the course of, her employment. The Full Court considered the principles in Hatzimanolis, PVYW, and Westrupp, and whether there was a sufficient connection between […]
Tribunal applies May and finds Armoured Vehicle Driver is no longer entitled to compensation for arm injury
June 22, 2021
Pearson and Prosegur Pty Ltd [2021] AATA 312. Key Points: The Tribunal was asked to decide whether Mr Pearson was entitled to ongoing compensation for incapacity to work and medical treatment expenses, in respect of a soft tissue injury to the left arm. The Tribunal considered the principles in Military Rehabilitation and Compensation Commission […]
Tribunal finds ATO Analyst suffered burnout and depression from employment
June 22, 2021
Gibson and Comcare [2021] AATA 1183. Key Points: The Tribunal was asked to consider liability for a psychological condition suffered by an analyst for the Australian Taxation Office. The Tribunal found that the reasonable administrative action exclusion did not apply to this claim, and ultimately concluded that the condition was contributed to, to a […]
HBA’s Andrew Lu named on Queen’s Birthday Honours List
June 14, 2021
Congratulations to HBA’s own Dr Andrew Lu for being named on the Queen’s Birthday 2021 Honours List for “significant service to the visual and performing arts, to the law and to legal education”. Dr Lu has been appointed a Member (AM) in the General Division of the Order of Australia. He is the only Western […]
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 […]