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Work injuries – what you need to know – Part 2

“What help is available to get me through this?” Toby Tancred can advise you as to whether you are eligible to lodge a workers compensation claim for work injury and can lodge any claims for workers compensation on your behalf. If you are unable to work, you may be entitled to weekly compensation. For the […]

Work injuries – what you need to know – Part 1

“My life changed in an instant” Work injuries present in various ways.  People usually associate a work injury with physical injuries that arise from a specific incident.  Work injuries can also arise from long-term day to day work over an extended period.  Employment can cause a psychological injury, for example, due to bullying and harassment […]

Do you care?

Percy Raines was married to Robin Raines and had two adult children, Stephen and Richard Raines.  The family met with a series of unfortunate occurrences.  In 1981, Robin was injured and had to undergo two back operations.  She continued to experience health problems.  In 1996, Richard suffered a severe traumatic brain injury in a motor […]

Those looking after us need looking after too

The NSW Court of Appeal decision of Sills v State of New South Wales [2019] NSWCA 4 is an encouraging result for injured workers in NSW, overturning a previous decision of the District Court. The Appellant, Ms Melanie Sills, was a police officer working at Tuggerah Lakes Local Area Command.  She alleged that during the […]

Insurers – watch your backs!

While I know it to be true, it’s nice to be reminded once in a while that insurers aren’t above the law. On 28 November 2018 McCallum J handed down her judgment in the Supreme Court case of Employers Mutual Limited v Heise [2018] NSWSC 1842. The case revolved around Ms Heise, a former NSW […]

Not the Christmas present she was hoping for

December has arrived which means work Christmas party season is upon us.  State Super Financial Services Australia Limited v McCoy [2018] NSWWCCPD 26 reminds employees to be careful and employers that they can be held liable for injuries before and after the annual festive period bash. On 5 December 2013 Ms McCoy was walking from […]

78 minutes too long

The October Court of Appeal decision of Robinson v State of New South Wales [2018] NSWCA 231 looked at the powers of police to arrest and hold individuals. The Appellant, Mr Robinson, voluntarily attended a Sydney police station at 5:00pm on 22 December 2013 in response to attempts by police to contact him.  Leading Constable […]

NDIS in hot water again

The National Disability Insurance Agency (“NDIA”), the government agency whose function is to implement the National Disability Insurance Scheme (“NDIS”), was criticised in a recent Supreme Court case. Sharp v Home Care Service of NSW [2018] NSWSC 1319 required the Court to make a decision relating to the approval of a settlement payable to Ms Tegan […]

Baldacchino – A win for injured workers

A recent decision of the Workers Compensation Commission in the case of Baldacchino v Pacific National Pty Ltd [2017] NSWWCC 239 is being heralded as a win for injured workers as it has rewritten the previously strict five year limit for ongoing medical expenses under the NSW workers compensation scheme. On 19 June 2012 significant […]

Who owes a duty to beneficiaries?

This month, the High Court of Australia in Badenach & Anor v Calvert [2016] HCA 18 rejected earlier decisions of the Tasmanian Courts. A Solicitor had received instructions from a client to prepare a will by which the entirety of his estate – namely, two properties – was to pass to the son of his […]

Say What?

How many of you can put your hand up 🖐 and say you’ve never used an emoji?  Never popped a smiley face 😀 in an email?  Never used a wink 😜 in a text message?  What about a thumbs up 👍in a social media post?   Emojis or emoticons are small digital icons used to […]

Save our CTP – December update

A report heralding the savings to Orange residents of the proposed CTP Green Slip reform appeared in the Central Western Daily on 26 November 2017. In truth the report was a word for word cut and paste of a press release issued by the NSW Government. The self congratulatory report is a classic exercise in […]

Worthless Arguments

It never ceases to amaze what people are prepared to argue about; thank goodness I suppose.   A recent case in the Supreme Court demonstrates the lengths to which people in dispute will go, and the amount of Court time and legal costs that are spent arguing about what is objectively not important and perhaps […]

Save our CTP – March update

In October 2016 I wrote regarding the radically unfair changes the NSW Government was proposing to make to our Compulsory Third Party (Green Slip) insurance scheme.  I lobbied Government and Shadow Members of Parliament and attempted to ensure that the proposals were an issue in the Orange State By Election.  I record my gratitude to […]

How section 39 affects you

Over the last month, a number of clients – both old and new – have been coming through my doors in a panic.  Many have received letters from their workers compensation insurer’s advising their weekly benefits will be cut off.  Many of these people have received terrible injuries and are permanently unfit for work.  So […]

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