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Back pay: WCC President resolves uncertainty for section 39 affected workers

On 18 April 2019 President Judge Phillips published his decision in RSM Building Services Pty Limited v Hochbaum finding that the bar provided by s 39(1) Workers Compensation Act 1987 to the payment of weekly compensation benefits continues to operate until such time as it is lifted by s 39(2) of the 1987 Act following an assessment in accordance with s 39(3).
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Confirmation – One Medical Assessment Certificate (MAC) Only

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.
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Accommodating difference - discrimination in schools and universities: what reasonable adjustments does the law require?

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.
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Discrimination Policies – Implementation is as important as Intent

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

There is a genuine drive by Australian employers to improve responses to discrimination and harassment within their workplace and broader client environment.
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The award rate or mate’s rates?

When determining whether there is an employment or contract relationship, it is important to look at all circumstances surrounding the agreement.
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…If it quacks like a duck – Fair Work Commission rules on Foodora and employment relationships

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.
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Satisfying the ‘consequential injury’ threshold: When is a consequential injury not a consequential injury?

Injured worker’s entitlements to many compensation entitlements are intricately linked to various WPI thresholds
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Walking (and lifting) a mile in a worker’s shoes. Hicksons get assessed!

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.
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No s66 compensation payable when death follows shortly after an injury

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.
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Taking the bite out of section 59A

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.
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Why can’t you get an x-ray for a psychological injury? Well, maybe you can…

If a person rolls her/his ankle and a fracture is suspected, the doctor will refer for an X-Ray to confirm.
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Offers of Compromise – take your medicine early

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.  
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Motor Accident Injuries Act 2017- Effects on Section 151Z(1)(d) – Indemnity Claims

The Motor Accident Injuries Act 2017 commences operation on 1 December 2017.
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Walk this way – defending a claim, resulting in a common law claim

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. 
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