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Federal Court: no general responsibility on employers to rehabilitate injured workers
March 22, 2021
Hooley v Comcare [2020] FCA 1880. Key Points: An employee of the CSRIO claimed that its failure to provide a rehabilitation program caused him to suffer ongoing psychological problems. The Federal Court was asked to consider whether an employing agency has a general responsibility or obligation to provide a rehabilitation program to an injured […]
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 […]
Personal choice not a reasonable excuse to refuse a return to work at NAB
July 1, 2019
Hogan and National Australia Bank [2019] AATA 780 (1 May 2019). Key Points: The Tribunal was asked to decide whether an employee provided a reasonable excuse for her failure to undertake a rehabilitation program. The Tribunal found in favour of the employer. Background: Ms Kylie Hogan was a lending assistant who submitted a […]
Physiotherapy and massage considered to be “treats”, not treatment – a win for proponents of the limitations of physiotherapy and related treatment
August 10, 2018
Bhat and Comcare [2018] AATA 2094. Key Points: Tribunal was asked to determine ongoing liability and, importantly, whether ongoing physiotherapy treatment was reasonably required to treat chronic back pain Held: ongoing physiotherapy was not reasonable medical treatment and the low back condition no longer resulted in a requirement for medical treatment or caused incapacity […]
Exclusion is not the aim of the game when it comes to considering the reasonableness of ‘aids or appliances’
March 26, 2018
Monk and Comcare [2018] AATA 224 Key Points Does a transporter van qualified as an ‘aid or appliance’, as prescribed by section 39(1)(e) of the SRC Act? The Tribunal applied the principle that an item required to “maintain personal sufficiency as largely as possible in the pursuit of his personal domestic life” is reasonable to […]
AAT rejects claim for long term physiotherapy in RSI case
January 23, 2018
Bennett and Comcare [2017] AATA 1269 Key Point Unless an employee can show physiotherapy or similar allied health treatments are obtained ‘in relation to’ an accepted injury, the Tribunal will not support funding for it. Background Ms Bennett had an accepted claim for a “repetitive strain injury (right) arm” sustained on 15 March 1985 and […]
Nunez and Australian Postal Corporation 2014 AATA 125
April 17, 2015
Nunez and Australian Postal Corporation 2014 AATA 125
McAullay and Comcare [2014] AATA 163 (26 March 2014)
April 17, 2015
McAullay and Comcare [2014] AATA 163 (26 March 2014)
Hull v Australian Postal Corporation [2013] AATA 635 (5 September 2013)
April 17, 2015
Hull v Australian Postal Corporation [2013] AATA 635 (5 September 2013)
Ripper and Australian Postal Corporation [2015] AATA 15 (14 January 2015)
April 17, 2015
Ripper and Australian Postal Corporation [2015] AATA 15 (14 January 2015)