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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.

Inconsistent evidence not fatal to applicant’s claim

September 22, 2020

Chugha and Comcare [2020] AATA 2835.   Key Points:   The Tribunal was required to consider whether Mr Chugha’s accepted psychiatric condition continued to be significantly contributed to by his employment. The Tribunal found that Mr Chugha’s complaints of severe incapacity did not sit with the factual evidence on file, including social media posts about […]

Tribunal finds applicant exaggerated symptoms

September 22, 2020

Payten and Australian Postal Corporation [2020] AATA 1925.   Key Points: Australia Post denied ongoing liability to pay compensation for medical treatment and incapacity to work in respect of Mr Payten’s previously accepted brain injury. Evidence presented to the Tribunal suggested that Mr Payten was exaggerating his ongoing symptoms. The Tribunal did not accept Mr […]

Bulging disc not caused by Centrelink, AAT finds

September 3, 2020

Hook and Comcare [2020] AATA 1792 (17 June 2020).   Key Points: The Tribunal was asked to decide whether an employee sustained a bulging disc in his neck as a result of his employment at a Centrelink call centre. The Tribunal found in favour of Comcare.   Background: Mr Nathan Hook was employed by the […]

Tribunal considers the application of May in a workers’ compensation claim by a Parliament House employee

July 23, 2020

Whitlock v Comcare (2020) AATA 1353.   Key Points: The Tribunal was asked to decide whether a security officer suffered an aggravation of her underlying psychiatric condition as a result of being bullied at work. The key issue for the Tribunal was whether a reported increase in symptoms amounted to a disease under section 5B […]

Delving into the confusion of casual employment and incapacity payments

July 23, 2020

Shillingford v Comcare [2020] FCA 775.   Key Points: Mr Shillingford appealed a Tribunal decision which affirmed that his incapacity entitlements under section 19 of the Safety, Rehabilitation and Compensation Act 1987 (Cth) (the SRC Act) were $0 The Federal Court dismissed Mr Shillingford’s appeal and ordered that he pay Comcare’s costs   Background: Mr […]

Should Comcare foot the bill for Hydrotherapy Treatment in France?

July 15, 2020

SRFR and Comcare [2020] AATA 378.   Key Points: The Tribunal was asked to decide whether it was reasonable for an employee to obtain hydrotherapy treatment at the Avene Centre in Montpellier, France, to treat dermatological issues. The Tribunal found in favour of Comcare.   Background: SRFR suffered from long-term eczema and atopic dermatitis, as […]

A reminder for employers to tread carefully with employees suffering pre-existing psychological conditions

July 15, 2020

Bailey and Comcare (Compensation) [2020] AATA 1244 (8 May 2020).   Key points: The Tribunal was asked to decide whether Ms Bailey’s psychological condition was suffered as a result of reasonable administrative action, taken in a reasonable manner, in respect of her employment. The Tribunal found in favour of Ms Bailey.   Background: Ms Bailey […]

HBA signs Diversity & Equality Charter

July 15, 2020

HBA Legal is the newest signatory to the Law Council of Australia’s Diversity and Equality Charter. The Charter was developed in 2015 and is a statement of principles to acknowledge publicly a commitment to diversity and equality. Managing Director Brett Ablong said: “We take our responsibly as an employer very seriously and this is a […]

Telstra win: Fed Court upholds slip & fall decision

July 14, 2020

Dring v Telstra Corporation Limited [2020] FCA 699.   Key Points: The Federal Court was required to consider whether Ms Dring sustained an injury arising out of, or in the course of, her employment with Telstra. The Tribunal found that Ms Dring sustained the injury in an interval of her employment with Telstra and, therefore, […]

AAT confirms denial of liability for epicondylitis in call centre worker

July 13, 2020

Shirreff and Comcare [2020] AATA 1710 (11 June 2020).   Key Points: The Tribunal was asked to decide whether an employee developed epicondylitis as a result of repetitive duties at work. The Tribunal found in favour of Comcare.   Background: Ms Jenny Shirreff was employed by the Department of Human Services in Victoria, as a […]