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Tribunal concludes that Telstra didn’t cause heart attack
April 17, 2020
Faltusz and Telstra Corporation Ltd [2019] AATA 5995. Key Points: Mr Faltusz claimed workers’ compensation following a heart attack, suffered outside of his workplace, while he was waiting for a bus. The Tribunal found there was no link between Mr Faltusz’s employment and the claimed condition. The Tribunal found in favour of the employer. […]
How long is too long when making a claim under the Safety, Rehabilitation and Compensation Act 1988?
December 18, 2019
Misha Di Carlo-Casablanca and Australian Capital Territory [2019] AATA 4772. Key Points: Ms Di Carlo-Casablanca made a claim for anorexia nervosa eight years after the date of injury. Ms Di Carlo-Casablanca’s claim was excluded pursuant to section 53 of the SRC Act, on the basis that Comcare had suffered prejudice as a result of […]
Fed Court decides Tribunal’s reasons fall short
July 1, 2019
Comcare and ZZRP [2019] FCA 952. Key Points: Comcare appealed a Tribunal decision to the Federal Court on the basis that it failed to apply the appropriate statutory test and did not provide adequate reasons for its decision. Justice Flick accepted that adequate reasons were not provided and the matter was remitted back […]
“Do your rehab” – Tribunal doesn’t accept workers pain complaints
July 1, 2019
Oliver and Comcare 2019 AATA 888. Key Points: The Tribunal was required to consider whether a worker had a reasonable excuse for failing to undertake a rehabilitation program. The Tribunal found in favour of the employer. Background: Ms Katrina Oliver was employed as an Executive Assistant and suffered an injury to her left […]
No pain, no gain: Does pain triggered at work give rise to a compensable aggravation of a pre-existing condition?
September 19, 2016
Higgins v Linfox Australia Pty Ltd [2015] AATA 843; Key Points A mere increase in pain does not constitute compensable aggravation under the SRC Act. Background Mr Higgins suffered an injury as a result of a non-work related car accident in 2010. The accident resulted in Mr Higgins suffering a bulging disc in his neck […]
Don’t Get Sunk by Brokers’ Duties – Revisiting Insurance Brokers’ Obligations Towards Policy Holders
April 29, 2015
Don’t Get Sunk by Brokers’ Duties – Revisiting Insurance Brokers’ Obligations Towards Policy Holders
Konstandopolous v Comcare [2014] AATA 741 (14 October 2014)
April 17, 2015
Konstandopolous v Comcare [2014] AATA 741 (14 October 2014)