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The Personal Injury Commission refuses an application for reconsideration

In the recent case of Gusavac v GPC Asia Pty Ltd [2022] NSWPIC 123, Member Michael Perry of the Personal Injury Commission (PIC) held that the reconsideration application (RA) to set aside the Certificate of Determination be declined and the application to refer the matter back to the Medical Assessor (MA) for reconsideration under section 329 of the Workplace Injury Management and Workers Compensation Act 1998 be refused. 
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Members of the Personal Injury Commission are not bound by the rules of evidence, but they may be guided by it.

Mrs Nasr, the claimant, was injured in a car park, when Mr Fawcett (QBE’s Insured driver) collided with the left-hand side of her vehicle. The claimant then lost control of her vehicle, driving through a fence before colliding with a tree. 
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Conflicting medical evidence? Why a clear diagnosis of consequential worker injury is essential.

In the recent case of Grant v Dateline Imports Pty Ltd [2022] NSWPICPD 3, the President of the Personal Injury Commission (PIC) confirmed that a clear diagnosis supporting an alleged consequential condition would aid in discharging the worker’s onus of proving an entitlement to lump sum benefits pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act).
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Commission muddies the water on whether working from home is a benefit for employees

Since the outbreak of COVID-19 in Australia in March 2020, there has been significant shifts towards working from home across multiple industries. The NSW Personal Injury Commission has now considered in what circumstances being refused the opportunity to work from home may amount to the withdrawal of an employment benefit or transfer, namely for the purpose of a section 11A defence to a psychological injury condition.
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First death benefit claim for contracting COVID-19 while working

In Sara v G & S Sara Pty Ltd [2021] NSWPIC 286 the applicant made a claim for compensation after her husband passed away due to contracting the COVID-19 virus whilst on a work trip in New York. The respondent, G & S Sara Pty Ltd, was one of a group of companies in the Stoneglass Group that provided dental technician products and services across the healthcare sector in Australia and the United States, and the deceased worker was a director of each of the entities in the Stoneglass Group.
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Proposed amendments to give the Personal Injury Commission power to control service providers

The proposed amendments to the Motor Accidents Injuries Act,Workers Compensation Act 1987, and the Workplace Injury Management and Workers Compensation Act 1998 would give the Personal Injury Commission (PIC) the power to exclude service providers who are overservicing and overcharging.
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Where interstate CTP policies do not respond, the NSW Nominal Defendant will pay statutory benefits

Each State has a different CTP Scheme, few covering the at fault driver. In NSW, the Nominal Defendant will pay statutory benefits in those circumstances.
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Supporting our injured firefighters and emergency service workers – Potential changes to the NSW workers compensation scheme 2021

The NSW government has recently introduced the Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 to make changes to the workers compensation legislation largely in response to the catastrophic bush fire season of 2019. It has since passed the Legislative Assembly and awaits scrutiny in the Legislative Council.
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Proposed changes to the Motor Accident Injuries Act – what you need to know

Following the recommendation of Justice Fagan in AAI Limited v Singh1 the Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 was tabled on 23 June 2021.
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When a failure to provide particulars leads to a deemed withdrawal of a claim

In the recent case of Wahhab v Insurance Australia Ltd [2021] NSWSC 521, a Claims Assessor refused to refer a matter for Claims Assessment on the grounds the claimant had been deemed to have withdrawn their claim. The NSW Supreme Court upheld this decision. 
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‘Long-COVID’ - Dealing with COVID-19 workplace injuries and consequential conditions

The current two-week lockdown in NSW is a timely reminder that COVID-19 and the risk of COVID-19 infections in the course of employment remain real, particularly for those essential workers who are unable to work from home.
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‘Speak now… or forever hold your peace’ – Requirements for claiming outside the limitation period

On 23 April 2021 the Personal Injury Commission delivered a determination of appeal against a decision of the Commission in Burke v Suncorp Staff Pty Ltd [2021] NSWPICPD 6. The worker claimed the Member had erred in fact in finding and that the worker’s failure to claim compensation was not occasioned by ignorance.
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Changes to Partner Visas – Budget 2020

This year has been a particularly complicated one for people wanting to visit or migrate to Australia, forcing many to put their plans on hold or abandon them all together.
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When is an injury not an injury?

Hicksons was recently successful in a Presidential Appeal in the Workers Compensation Commission, confirming that Arbitrators need to determine “the nature of an injury”. 
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Does a discrimination claim prevent you from later getting workers compensation? Court of Appeal says no…

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.
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