When is an employer not the employer?

  • Published 19.07.2022

Key Takeaways

Employers Liability Newsletter July 2022

  • Published 12.07.2022

Legislative Update
SIRA Reduces Surgical Fees 

Recent Decisions
The Importance of Work Capacity Decisions (WCDs)
Antoun v Pride Building & Refurbishment Pty Ltd (NSWPIC 2022)

The importance of preparation: an analysis of a workers compensation claim

  • Published 12.07.2022

The focus of this article is on a workers compensation claim which was referred to Turks and which recently became the subject of litigation in the PIC.

Background

Liability was accepted from the outset for the worker’s claim of injuries to the low back and right shoulder as a result of a slip and fall in 2014.

In 2020, Turks was engaged to act after the worker lodged a claim for:

Late, but no cigar – just how late is too late to rely on the service of expert evidence?

  • Published 12.07.2022

Chambeyron v Dr Redgment (NSWDC 2021)

Link to Decision

Key Takeaways

It is important to comply with orders made for the service of evidence in court proceedings. Parties should not assume an extension of time will be granted to serve medical or expert liability reports, particularly once a substantive hearing date has been set.

The Importance of Work Capacity Decisions (WCDs)

  • Published 12.07.2022

Antoun v Pride Building & Refurbishment Pty Ltd (NSWPIC 2022)

Link to Decision

Key Takeaways

In this matter, Delegate Camp of the PIC declined to set aside a work capacity decision that had been made by the insurer, despite the insurer not relying upon any return to work planning documents in support of its decision.

Brief Facts

SIRA Reduces Surgical Fees

  • Published 12.07.2022

Link to Order

The Workers Compensation (Surgeon and Orthopaedic Surgeon Fees) Order 2022 came into effect on 1 July 2022.

The Order is aimed to correct high surgeon and orthopaedic surgeon fees in the NSW workers compensation scheme. Previously, surgical rates in the scheme were ‘significantly higher’ than standard industry rates.

Limitation Period Clarification on Staged Developments in Victoria

  • Published 11.07.2022

Key Takeaways

For building projects where multiple or staged occupancy permits are issued, the VSCA has handed down a decision in Lendlease Engineering Pty Ltd v Owners Corporation No 11 that provides clarity on determining the commencement of the 10-year limitation period in s134 of the Building Act 1993 (Vic) (the Act).