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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.
Blog

…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.
Blog

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
Blog

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.
Blog

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.
Blog

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.
Blog

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.
Blog

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.  
Blog

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.
Blog

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. 
Blog

The Devil in the Data – forecasting future bullying and harassment claims

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.
Blog

Limitation issues in mental harm claims

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.
Blog

Is there value in using a facilitator for expert conferences?

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.
Blog

Court denies defendants’ application to interrogate on alcohol consumption

Catastrophic spinal injuries were suffered when the plaintiff fell off a balcony of rental accommodation in June 2012 due to a faulty railing.
Blog

Is it too late to serve?

This recent decision of the Supreme Court of NSW (Le v Brown; Nguyen v Brown; Tran v Brown; Monica v Brown; Huggett v Brown [2017] NSWSC 162), is a reminder of UCPR 31.28, which provides rules in relation to the disclosure of expert reports and hospital records. 
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