HCA rules on 'loss of use'
- Published 10.12.2021
Arsalan v Rixon; Nguyen v Cassim (HCA 2021)
Key Takeaways
Key Takeaways
D’Herville v Mt Arthur Coal Pty Ltd (NSWSC 2021)
Key Takeaways
Although this case is dependent on its facts and the quality of the worker’s evidence, it demonstrates that a judge may take into account contemporaneous documentation to assist in determining the veracity of a worker.
Basedow v Komatsu Australia Pty Limited (NSWPIC 2021)
Key Takeaways
A new vehicle can be medical treatment for the purposes of the Workers Compensation Act 1987 (‘1987 Act’). For a worker to prove a claim, the vehicle must have a curative or therapeutic element that assists the management of the worker’s condition in a therapeutic way.
Green v Seven Network (Operations) Ltd (NSWPIC 2021)
Key Takeaways
For the purposes of s119 of the Workplace Injury Management and Workers Compensation Act 1998 (‘1998 Act’) a psychologist is not a medical practitioner, and an insurer cannot suspend weekly benefits if a worker fails to submit themselves for an assessment by a psychologist qualified by the insurer.
Brief Facts
Recent Decisions
My Medical Practitioner Rules - are psychologists medical practitioners?
Green v Seven Network (Operations) Ltd (NSWPIC 2021)
When does a new vehicle constitute medical treatment?
Basedow v Komatsu Australia Pty Limited (NSWPIC 2021)