HCA rules on 'loss of use'

  • Published 10.12.2021

Worker’s evidence not accepted

  • Published 08.12.2021

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.

When does a new vehicle constitute medical treatment?

  • Published 08.12.2021

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.

My Medical Practitioner Rules - are psychologists medical practitioners?

  • Published 08.12.2021

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

Employers Liability Newsletter December 2021

  • Published 08.12.2021

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)

Daylight robbery – Insurer ordered to pay after diamond heist

  • Published 30.11.2021