Entries by Melissa

It’s all in the numbers

The Australian Prudential Regulation Authority (“APRA”) is Australia’s regulator of banks, insurance companies and most superannuation funds. APRA regularly publishes data and statistics that provides insight into the management of Total & Permanent Disability (“TPD”) claims made by injured people against their superannuation funds. In the latest figures released by APRA, 12% of TPD claims […]

icare in the news again

 Many of our clients have recently received a letter from icare informing them that their weekly Workers Compensation payments may be incorrect.  This is an unsettling letter to receive. icare has found instances where Workers Compensation Insurers have calculated weekly payments incorrectly as early as October 2012.  The potential underpayments have been uncovered as part […]

The great (jab) debate

 On 5 August 2021, food manufacturer SPC, became the first Australian company to mandate that its staff be vaccinated against COVID-19, announcing that staff not vaccinated by November 2021 will be banned from entering any of its locations. In New South Wales, employers have a duty under the Work Health and Safety Act 2011 to […]

The standard of care owed by Councils to pedestrians

A Council owes pedestrians walking in public spaces a duty. The standard of that duty acknowledges that people walking outdoors should keep a proper lookout to detect and avoid imperfections in a surface. The standard of care acknowledges that it is in the nature of walking outdoors that the ground may not be as even, […]

When the injuries add up

The NSW Court of Appeal recently considered the circumstances in which the impact of multiple separate injuries can be combined to determine an injured worker’s whole person impairment. Assessment of an injured worker’s whole person impairment is critical in determination of their right to weekly benefits, medical and related treatments expenses, lump sum compensation and […]

The right to refuse a medical examination

A recent decision of the Workers Compensation Division of the Personal Injury Commission determined whether an injured worker had to attend a medical examination arranged by their employer. The worker sustained psychological injury in her employment. The employer accepted liability for her claim while it conducted further investigations that included a request that the worker […]

The Personal Injury Commission

The Personal Injury Commission (“PIC”) was established on 1 March 2021. The PIC was established to hear and determine disputes relating to work injuries and in motor vehicle accidents. The PIC replaces the Workers Compensation Commission that previously heard work injury disputes and the Claims Assessment Resolution Service and Medical Assessment Service that dealt with […]

Don’t dismiss your super

If you are injured and unable to return to work you may be entitled to bring a Total & Permanent Disablement (“TPD”) claim through your superannuation fund. Depending on various factors including the amount of the premiums paid, you may have access to a TPD benefit ranging from the tens to hundreds of thousands of […]

Can I record a conversation?

I am often asked if it is legal to record a conversation without another person’s knowledge or consent. The Surveillance Devices Act 2007 pretty much prohibits the recording of a private conversation to which the person is a party but does permit recording if it is “reasonably necessary for the protection of the lawful interests” […]

Same but different

This month, the New South Wales Court of Appeal overturned a decision of the President of the Worker’s Compensation Commission. Dr James Gardiner commenced working for Laing O’Rourke Australia Construction Pty Ltd in 2011.  His employment was terminated in 2018.  Immediately following his termination, Dr Gardiner lodged a complaint under the Anti-Discrimination Act 1977 citing […]