Alleged assault of a co-worker: Is the employer vicariously liable?
- Published 17.10.2019
The stringent nature of an employer’s duty of care: a duty “to seeing that care is taken”
- Published 17.10.2019
MAC appeal not a MAC appeal
- Published 17.10.2019
Ali Sleiman v AGR Tyres (18 September 2019)
Legislative Developments - October 2019
- Published 17.10.2019
New PIAWE for workers injured on and from 21 October 2019
Workers Compensation Amendment (Pre-injury Average Weekly Earnings) Regulation 2019
The NSW government has published a Regulation as anticipated by the Workers Compensation Legislation Amendment Act 2018 relating to changes to the method of calculating PIAWE for the purpose of determining a worker’s entitlement to weekly payments of compensation.
Published | krystal prasad
Cy Lindeberg, Health Support Consultant, BT Financial Group, has been awarded this year’s prestigious ALUCA TurksLegal Scholarship for her paper on ‘The Role of Rehab Advisors in Improving Customer Outcomes’. In her well researched and compelling paper, Cy enlightened us to the many ways Rehab advisors operating in the life claims space can make a difference for the better in terms of the customer experience.
Liquidator’s Unfair Preference Claims - Success with the Good Faith Defence
- Published 09.10.2019
Daniel Johannes Bergenkamp joint and several liquidators of Conspect Constructions Pty Ltd (In Liquidation) v Andrade Holdings Pty Ltd [2019] WASC 70
The good-faith defence against an unfair preference claim was considered in a recent decision by Acting Master Whitby in Daniel Johannes Bergenkamp joint and several liquidators of Conspect Constructions Pty Ltd (In Liquidation) v Andrade Holdings Pty Ltd [2019] WASC 70.
Removing a liquidator through the courts – a recent case update
- Published 01.10.2019
Under the provisions of the Insolvency Practice Schedule (Corporations) (IPS) (Schedule 2 of the Corporations Act 2001) creditors may seek removal of a liquidator either through a resolution passed at a creditors’ meeting, or if that isn’t possible, through an order of the Court.
Successful appeal against decision of AMS
- Published 27.09.2019
Elena Martinez v Paraplegic & Quadriplegic Association of NSW [2019] NSWWCCMA 111 (13 August 2019)
Summary
Employer establishes section 11A defence
- Published 27.09.2019
Vinod v Boral Shared Business Services Pty Ltd [2019] NSWWCC 254 (25 July 2019)
Summary
An employer has successfully defended a worker’s claim for psychological injury relying on section 11A of the Workers Compensation Act 1987 (‘the 1987 Act’).
Legislation
Section 11A of the Workers Compensation Act 1987.
When can video surveillance footage be sent to an AMS?
- Published 27.09.2019
Moston v Goldenfields Water County Council [2019] NSWWCC 282 (27 August 2019)
Summary
This decision provides a timely reminder of the restrictions that apply when seeking to provide video surveillance film to an Approved Medical Specialist (AMS). The Guidelines specify that video surveillance can only be sent to an AMS in exceptional circumstances.