Dawking v Secretary (Department of Education) (NSWPIC 2022)
Key Takeaways
The Department of Education’s (Department) s11A(1)11 defence failed in a situation where the worker, a school teacher, suffered a psychological injury as a result of refusing to be vaccinated and her employment being terminated.
Recent Decisions
Get it right the first time
Miller v Secretary, Department of Communities and Justice (NSWCA 2022)
Teacher awarded compensation for psychological injury over implementation of COVID-19 vaccine mandate
Dawking v Secretary (Department of Education) (NSWPIC 2022)
Published | Tessa Hills
Elizabeth Haddow–Allen from TAL is the winner of the 2022 ALUCA Turks Life Insurance Scholarship
Elizabeth, a Client Manager at TAL, has taken out this year’s prestigious ALUCA Turks Life Insurance Scholarship with her outstanding paper on ‘Group Insurance - The impact of the stapling reforms’.
The paper provided a cogent and accessible analysis of the stapling reforms as well as outlining a perceptive and entirely doable roadmap for tweaks to the system to ensure members’ valuable life insurance benefits are not put at risk.
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)
Elliot v Franklins Pty Limited (NSWPICPD 2022)
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.
Knight v State of New South Wales (Western NSW Local Health District) (NSWPIC 2022)
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
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:
Published | Tessa Hills
Turks is pleased to announce that a number of our NSW Partners have been recognised in the 2022 Doyle’s Guide for insurance across a range of areas including Workers Compensation, Public & Product Liability and Dust Diseases.
This recognition highlights their exceptional legal expertise and the appreciation held by their peers and clients for their achievements within the industry.
Congratulations to the following:
Adele Fletcher