There is a genuine drive by Australian employers to improve responses to discrimination and harassment within their workplace and broader client environment.

When determining whether there is an employment or contract relationship, it is important to look at all circumstances surrounding the agreement.

A recent Seminar I presented, Dancing with the Gig economy – Risk, liability and responsibility in the modern workplace, drew the attention of insurers and business leaders to the inherent structural risks embedded in the emerging gig or share economy.

Injured worker’s entitlements to many compensation entitlements are intricately linked to various WPI thresholds

Our newest Partner, Doyle Myles, recently attended a full physical and functional assessment to gain a better understanding of a worker's experience when they are participating in assessments for the claims process or litigation.

The court of appeal handed down its decision in Hunter Quarries Pty Limited v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178 on 16 August 2018. It is a significant pronouncement by the full court confirming no s66 compensation is payable where death occurs within a short time after the injury.

Section 59A of the Workers Compensation Act 1987 disentitles workers to ongoing medical or related treatment after they cease to be entitled to weekly payments. However, the recent Presidential decision in Pacific National Pty Limited v Baldacchino [2018] NSWWCCPD 12 puts the operation of that section in a spin with Deputy President Snell determining that a knee replacement is exempt.

If a person rolls her/his ankle and a fracture is suspected, the doctor will refer for an X-Ray to confirm.

Malek Fahd Islamic School Limited v The Australian Federation of Islamic Councils Inc (No 2) [2018] NSWSC 361 is a recent reminder of the importance of offers of compromise and the consequences of ignoring them.  

The Motor Accident Injuries Act 2017 commences operation on 1 December 2017.

An ongoing source of frustration for employers and claims managers arises when measures to mitigate safety issues and protect employees have been appropriately implemented but, often for frivolous reasons, these procedures are ignored and circumvented by an employee. 

When organisations know what to look for, employee data can reveal the likelihood of future bullying and harassment claims. By assessing businesses against the Psychosocial Safety Climate (PSC) framework, the incidents of future psychological claims can be predicted and, most importantly, mitigated with action from the management team.

Whilst not a medical negligence case, this interlocutory decision of the Supreme Court of NSW (Odell v State of New South Wales [2017] NSWSC 643)  provides some important reminders in relation to limitation issues in mental harm claims.

Mr Richard Weinstein SC recently delivered a presentation commenting on the holding of expert joint conferences and in particular, the benefit of the use of a facilitator at such conferences.