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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.
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

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.
  • 27 Apr 2017

Blog

Can total permanent impairment exist immediately before death?

After suffering an horrific accident at work, a person survives for three minutes with debilitating injuries, then dies.
  • 27 Jun 2016

Blog

Have you requested clinical notes?

A treating practitioner’s clinical notes can be imperative to a proper contest of liability, but in 2016 amendments to the relevant Rules has meant the Workers Compensation Commission has become reluctant to issue Directions for Production that would compel doctors to supply their notes.
Blog

Don’t forget to check the doctor’s qualifications

A quick and valuable preliminary step for all impairment claims is to check if the doctor is accredited to assess the impairment of the body system(s) being claimed.
  • 30 May 2016

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