WorkCover agrees that an injury is not work-related but the claimant seeks review to the Workers’ Compensation Regulator – what now?

By | July 11th, 2017|Litigation, News, Workers Compensation & Insurance|

By Ryan Kennedy Employers often seek our advice about reviews to the Workers’ Compensation Regulator. Often WorkCover will agree with the employer that an injury is not work-related, however the claimant will seek review.  When this happens, the Regulator must decide whether to confirm WorkCover’s decision to reject the claim as being non-work related, or [...]

Trial and Error: Preparing your documents for trial

By | June 12th, 2017|Litigation, News, Workers Compensation & Insurance|

By George Williams “It is a truism, often used in accident cases, that with every day that passes the memory becomes fainter and the imagination becomes more active. For that reason, a witness, however honest, rarely persuades a Judge that his present recollection is preferable to that which was taken down in writing immediately after [...]

Disentangling Factual Causation in Personal Injury Cases

By | June 8th, 2017|Litigation, News, Safety, Workers Compensation & Insurance|

By Georgina Wong Sections 305D(1)(a) and 305D(2) of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) Recent Case of Psychiatric Injury from Workplace Assault The Court of Appeal recently upheld an appeal lodged by an employer in The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103 in relation to [...]

A new chapter in the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act

By | June 7th, 2017|Litigation, News, Safety, Workers Compensation & Insurance|

By Tristan Higham Much has been lauded about the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act 2016 (“the Amendment Act”)[1] and in particular the insertion of section 236B, which in short summary was inserted to reverse the effects of the judgement of Byrne v People Resourcing (Qld) Pty Ltd & Anor [2014] [...]

Five things employers should do following a workplace accident

By | June 1st, 2017|HR/IR, Litigation, Safety, Staff Policies and Processes, Workers Compensation & Insurance|

By Carlen Lowe  “Every action in the present prepare us for the future.” ― Lailah GiftyAkita It is something every employer dreads; a workplace accident which causes injury to one of their employees.  Knowledge and preparedness however will ensure a prompt, appropriate response to these undesirable events. Each incident will be different and an employer’s [...]

Out Cold: How sporting clubs should manage the health and legal risks of concussions

By | April 10th, 2017|Litigation, News, Staff Policies and Processes|

By George Williams  As the NRL season in Australia kicks off for another year, there is one thing that we can be guaranteed to see on the field several times before the season ends – players experiencing concussion. Due to the nature of contact sports, concussions are inevitable - independent research undertaken by the NRL [...]

Being Successful at Trial Part 1: Analysing the Evidence

By | March 23rd, 2017|Litigation, News|

By Kerrie Jackson Defendants in workers compensation claims in Queensland may well feel encouraged by a number of favourable decisions in recent years.  Irrespective of whether the pendulum has begun to swing, success at trial will ultimately come down to two key elements – case selection and case preparation. This article considers one of the [...]