The recent case of Barbosa v Rio Formwork Pty Ltd [2020] NSWWCC 17 before the NSW Workers Compensation Commission (WCC) presented some interesting questions about how we determine whether a worker’s employment was a “substantial contributing factor” in the cause …
In this case study the onus was on the worker to prove his back injury occurred as a result of negligence by the employer. Smith v Coles Supermarkets Australia Pty Ltd t/as Coles Distribution Centre; Ready Workforce (A Division of …
The Personal Injury Commission Act 2020 (“the Act”) commences on 1 March 2021 and will create a single Tribunal for the resolution of workers compensation and motor accidents compensation personal injury disputes called the Personal Injury Commission.
The Personal Injury …
The case of disputed injury in Qantas Airways Ltd v Coleman [2020] NSWWCCPD 42 concerned a worker who did not discover the extent of his injury in the first instance.
Background
The worker was employed by Qantas as a long-haul …
It was shocking to learn earlier this year that the NSW State-owned worker’s compensation insurer, icare, had underpaid injured workers who had successfully made claims by up to $40 million. We were even more shocked and disappointed to learn just …
Whilst CIOLPAN -v- SWAN TRANSIT SERVICES (SOUTH) PTY LTD [2020] WADC 95 is a Western Australian case, it provides useful guidance on the employer’s duty to provide a safe workplace for their employees.
Background
On 11 June 2015 the worker …
Earlier this year, the Workers Compensation Act 1987 (the Act) was amended to include a new section which creates a presumption that a worker in ‘prescribed employment’ who contracts COVID-19 did so in the course of that employment. This means …
Can a worker claim back-paid weekly benefits after their benefits cease at the 260 week limit under s 39(1) of the Workers Compensation Act 1987 (“the Act”) if their whole person impairment (“WPI”) is later found to be 20% or …
On 16 June 2010 between 7:30am and 4pm, the worker, Michel Carroll was attacked and killed by her de facto partner, Steven Hill who was subsequently found not guilty of murder by reason of mental illness. Michel and Steven were …
Essential workers and those who work in at-risk working environments now have increased protections in NSW. The Workers Compensation Act 1987 has been amended to include a new section 19B, creating a presumption in favour of those working in …