On 23 July 2020 the NSW Supreme Court of Appeal handed down the decision of Gardiner v Laing O’Rourke Australia Construction Pty Limited [2020] NSWCA 151. It involved a worker who had complained to the Anti-Discrimination Board about his employer, received a payment of money, and later claimed workers compensation for psychological injury. The Court considered whether that was permissible.

The Commission has recently confirmed that injured workers are only entitled to one Medical Assessment Certificate with respect to their injury which is used to assess all threshold entitlements unless specific exceptions apply.

Access to Education is considered a basic human right and education providers across Australia strive to support students of all abilities. Unfortunately, issues continue to arise where students believe they have not been adequately accommodated and subsequently initiate action against a service provider.

Discrimination and harassment are currently under a worldwide spotlight and a significant issue with workplaces and service delivery organisations, including education providers

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.