A consideration of ’social and recreational activities’ under the PIRS rating system
- Published 12.10.2020
Ballas v Department of Education & Communities (NSWWCCMA 2020)
Key Takeaways
Employer loses grip on contributory negligence
- Published 12.10.2020
Davies v Whitehaven Coal Mining Limited (NSWCA 2020)
Key Takeaways
In Davies v Whitehaven Coal Mining Limited (NSWCA 2020) (‘Davies’), the NSWCA reversed the 2019 judgment of the primary judge (‘Wright J’).
The Commission upholds three work capacity decisions
- Published 12.10.2020
Key Takeaways
When determining work capacity decision disputes, the Commission will delicately balance the injured worker’s functional capacity and experience with any suitable employment options identified by an insurer.
It is important that the evidence regarding capacity matches evidence of a real job on the labour market. Medical evidence regarding capacity to work is essential.
Employers Liability Newsletter - October 2020
- Published 12.10.2020
Legislative Developments - October 2020
- Published 12.10.2020
Indexation of the PIAWE rate
Weekly payments of compensation are calculated using a formula that includes an injured worker’s pre-injury average weekly earnings (PIAWE).
The rate for the PIAWE is adjusted twice a year to reflect changes in the Australian Bureau of Statistics Consumer Price Index (CPI).
The latest CPI adjustment was published on 25 September 2020 and applies to weekly payments from 1 October 2020. Insurers will use the adjusted rate of each worker’s PIAWE when calculating their weekly compensation.
Major Reforms for Corporate Insolvency
- Published 24.09.2020
Proposed Reforms - Key Takeaways
The Federal Government has announced significant changes expected to corporate insolvency procedures because of the COVID-19 pandemic.
Treasurer Frydenberg has indicated the following reforms are being planned:
Lapsing caveats – Recent improvements to the process in NSW
- Published 17.09.2020
Key Takeaways
Land owners and registered interest holders in land will be pleased to know that NSW Land Registry Services (“LRS”) has now simplified and expedited the process around lapsing caveats and the issue of lapsing notices. Caveators will need to understand these changes and respond faster to secure their caveats.
Brief Facts
What are lapsing notices?
First, do no harm: the obligation to know your blood borne virus status
- Published 16.09.2020
All health professionals practising in Australia have an obligation to minimise the risk of transmission of blood borne viruses, namely HIV, HBV and HCV1 by declaring their blood borne virus status. The obligation derives from Commonwealth Government policies relating to the performance of exposure prone procedures2.
Employers Liability Newsletter September 2020
- Published 15.09.2020
Recent Decisions
What constitutes ‘employment benefits’ under s11A(1)?
Ceccato v Australian Steel Mill Services Pty Ltd (NSWWCC 2020)