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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.
Firm News

Hicksons named as a Leading Firm in Doyle’s Guide 2021

Hicksons is delighted to be recognised as a leading firm in the 2021 Doyle’s Guide.
Blog

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.
Blog

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.
Blog

‘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.
Firm News

Continued growth for Hicksons with three senior appointments

Leading commercial law firm Hicksons demonstrates continued growth with the appointment of two special counsels and one senior associate.
Blog

‘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.
Firm News

Hicksons selected as part of icare’s new legal service provider panel for workers compensation claims

Hicksons is proud to be selected for inclusion in icare’s new legal service provider panel for workers compensation claims. The new panel combines work across icare’s two workers compensation schemes.
Firm News

Hicksons named as Leading Firm in Doyle’s Guide 2020

Hicksons is delighted to be named as a Leading Firm in the 2020 Doyle’s Guide.
Blog

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”. 
Blog

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.
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