Employers Liability Newsletter - November 2022

  • Published 17.11.2022

Legal Framework
Which Court and why?

Recent Decisions
Injuries sustained whilst working from home
Knight v State of New South Wales (Western NSW Local Health District) (NSWPIC 2022)

The Respondent bears the responsibility to establish if the effects of an injury have ceased

  • Published 17.11.2022

Elliot v Franklins Pty Limited (NSWPICPD 2022)

Link to Decision

Key Takeaways

In this matter, the key issue was whether an insurer had the onus to prove that the effects of a workplace injury had ceased. President Judge Phillips was satisfied that the onus is not on the worker to disprove a claim made by the insurer that an aggravation has ceased.

Injuries sustained whilst working from home

  • Published 17.11.2022

Knight v State of New South Wales (Western NSW Local Health District) (NSWPIC 2022)

Link to Decision

Key Takeaways

The Personal Injury Commission (PIC) continues to take a broad approach to ss4 & 9A of the Workers Compensation Act 1987 (the 1987 Act) for injuries sustained whilst working from home.

Brief Facts

Which Court and why?

  • Published 17.11.2022

Key Takeaways

A solid understanding of the judicial framework through which workplace injury disputes and claims are resolved or decided often provides the foundation for achieving the best outcomes.

Background

Parties involved in disputes or claims arising from workplace injuries are often engaged in the conduct of litigation in various courts and tribunals in NSW.

Workplace injury disputes and claims are mainly dealt with in the following courts and tribunals:

Federal Court declines to embrace a general rule that successful liquidators of assetless companies be awarded indemnity costs

  • Published 14.11.2022

Key Takeaways