Legal & Industry Insights

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Time for change? Preparing for the upcoming Workers Compensation and Injury Management Act 2023

The Workers Compensation and Injury Management Act 1981 (WA) (old Act) will be replaced with the Workers Compensation and Injury Management Act…

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Compensation, Damages, Damages, Compensation – is there a right of recovery to WorkCover?

A worker sustains an injury during the course of his employment. He does not claim compensation for that injury pursuant…

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Failure to appeal could be fatal for a worker’s claim, but has the door been left open

The Workers’ Compensation and Rehabilitation Act 2003 (Act) provides an ‘intersecting web of reviews and appeals‘. Can a worker go behind that…

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What’s in a name – is a worker constrained by the description of the injury in their claim documents?

A query is often raised by employers in circumstances where the diagnosis or description of the injury which is the…

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Carver v Comcare – reasonable expenses and relevant documents under summons

In Carver and Comcare (Compensation) [2019] AATA 1534 (28 June 2019), the AAT considered whether Dr Sharman, an occupational physician who had…

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The "State of connection": Considerations with cross border workers

Pursuant to section 31A of the Workers Rehabilitation and Compensation Act 1988 (Tas) (the Act) the “State of connection” must…

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