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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.

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.

Discrimination settlement extinguishes workers compensation rights

President Keating of the Workers Compensation Commission expressed it to be an unfortunate result when he entered an award for the respondent finding that a workers settlement of a discrimination claim extinguished her further rights to workers compensation.
  • 29 Jul 2016

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