PIC closely examines and ultimately dismisses worker’s PIAWE evidence

  • Published 14.09.2022

Chee v Sunny Building Construction Pty Ltd (NSWPIC 2022)

Link to Decision

Key Takeaways

Where evidence from a worker about earnings appears contradictory, unreliable and possibly even fabricated, the PIC may be inclined to prefer the employer’s evidence, particularly payslips.

Brief Facts

Deductible proportion for psychological impairment - evidence of pre-2002 rateable impairment required

  • Published 14.09.2022

Dixon v State of New South Wales (Fire & Rescue NSW) (NSWPIC 2022)

Link to Decision

Key Takeaways

The 2002 amendments made to the Workers Compensation Act 1987 (the 1987 Act) introduced the payment of lump sum compensation for psychological injuries.

Moving with the times – service of bankruptcy notices by email

  • Published 07.09.2022

Key Takeaways

The Bankruptcy Amendment (Service of Documents) Regulations 2022 was introduced to clarify that certain documents under the Bankruptcy Act 1966 (Cth) (the Act), such as bankruptcy notices, can be served on a person by email without the consent of the recipient to do so.

Brief Facts

Implied authorisation of a disposal of security extinguishes registered security interest

  • Published 25.08.2022

Key Takeaways

The combined effect of the lender’s conduct and words to the purchaser of a security resulted in an implied authorisation of the disposal and removal of the lender’s registered security interest.

Brief Facts

35% WPI to 0% WPI: the value of non-medical evidence in WPI disputes

  • Published 16.08.2022

ISS Property Services Pty Ltd v Ayoubi (NSWPICMP 2022)

Link to Decision

Key Takeaways

The importance of reliable evidence in establishing a consequential injury

  • Published 16.08.2022

Brown v Harris Farm Markets Orange Pty Ltd (NSWPIC 2022)

Link to Decision

Key Takeaways

Where evidence from a worker appears contradictory or unreliable, a consequential injury may not be established in the absence of sufficient contemporaneous medical evidence.

Brief Facts

Can criminal conduct result in a workers compensation claim?

  • Published 16.08.2022

Nizamdeen v University of New South Wales (NSWPIC 2022)

Link to Decision

Key Takeaways

This case discusses what constitutes a personal injury as distinct to a disease injury in psychological injury cases, as well as the causal nexus required to establish when an injury is related to the worker’s employment.

In proving the relevant causal connection, an evaluative process must be undertaken, considering all of the evidence in the case.

Employers Liability Newsletter August 2022

  • Published 16.08.2022

Recent Decisions

Can criminal conduct result in a workers compensation claim?
Nizamdeen v university of New South Wales (NSWPIC 2022)

The importance of reliable evidence in establishing a consequential injury
Brown v Harris Farm Markets Orange Pty Ltd (NSWPIC 2022)