Welcome to the latest edition of HWL Ebsworth’s National Workers Compensation Quarterly Review.
2016 promises to be an eventful year and we look forward to working with you over the coming months and beyond.
We are delighted to bring you another series of articles reflecting recent legal and other industry developments within the workers compensation sector across different States and Territories.
We hope that you will enjoy this edition of our Quarterly Review and encourage you to pass it on to any colleagues to whom it would also be of interest. If anyone would like to be added to our direct mailing list, please contact marketing@hwle.com.au.
ACT
Stick ’em up! Compensation continues after bank found not liable
With the recovery of workers compensation payments hanging in the balance, insurers may elect to assist injured workers in their common law claims against a negligent tortfeasor.
Roberts v Westpac Banking Corporation [2015] ACTSC 397 is one recent ACT case where the worker failed to establish common law liability at hearing, so his workers compensation benefits continue for now.
To read more, click here.
New South Wales
Having your cake and eating it too – Work injury damages and reinstatement
This article considers a recent decision by the NSW Court of Appeal concerning Pt 8 of the Workers Compensation Act 1987 (NSW) and the right of a medically retired worker to apply for reinstatement to employment after recovering work injury damages.
To read more, click here.
Queensland
When an assault at work is compensable?
A worker is assaulted one night after work at the mining accommodation village he was staying at. Are the injuries he suffered from the assault compensable?
To read more, click here.
South Australia
S18 of the Return to Work Act – The story so far?
By imposing limitations on the period that most workers can receive compensation benefits the new Return to Work Act 2014 gives with one hand.
But, by imposing a duty on employers to make “suitable employment” available to workers who have been incapacitated it takes with the other hand.
To read more, click here.
Victoria
A refresher on the Medical Panel in Victoria
This article looks at the role the Medical Panel has in Victoria, in respect of giving its opinion to injuries arising out, of or in the course of, or due to the nature of, employment. It also explores the circumstances when you should refer a matter to the Medical Panel.
To read more, click here.
Western Australia
Fusion confusion: A fresh test for treatment expense claims
Surgical expenses represent a significant claim cost for insurers and self-insurers in WA. The WA Court of Appeal has recently handed down two decisions prescribing a clearer, more comprehensive test for whether an employer is liable to pay claimed surgical expenses.
To read more, click here.
We hope you find this edition informative and insightful.