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.

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)

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 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:

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.

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