Summary
The following is an overview of some recent decisions from the Supreme Court of NSW and the District Court of NSW in favour of occupiers of a shopping centre, a building site, a horse riding showground and a ski lodge.
Shopping Centre
Summary
Prior to 27 November 2001, a worker could elect to receive lump sum compensation or damages (not both).
Summary
A recent decision by Deputy President Wood considered the circumstances in which an earlier payment to a worker would prevent a claim for workers compensation benefits due to the provisions of s151A.
Background
Summary
In the recent decision of RSM Building Services Pty Ltd v Hochbaum [2019] NSWWCCPD 15 (18 April 2018) President Judge Phillips has confirmed that there is no entitlement to ‘back pay’ if the 21% WPI section 39 threshold is obtained at some point after weekly benefits have ceased at 260 weeks.
Background
Employers Liability Newsletter - May 2019
Summary
Officeworks Ltd v Christopher [2019] NSWCA 96
Published | krystal prasad
We are delighted to welcome Anthea Karvounaris as a Partner in our Victorian General Insurance practice.
Anthea is a highly experienced General Insurance lawyer with a proven track record in delivering advice and litigation to general insurers in a wide range of claims including motor, property, fraud and indemnity disputes.
Over her career Anthea has worked on a number of complex cases, most notably a recent multi-million dollar recovery action resulting from a flood event in Tasmania and a bushfire in Victoria.
Published | krystal prasad
We are delighted to announce the appointment of Miriam Browne as Special Counsel, based in our Newcastle office.
Miriam is a specialist lawyer with over 15 years’ experience in workers compensation and work injury damages with a career that has spanned numerous periods of reform. Miriam is highly valued by her insurer, self-insurer and employer clients and has a strong reputation for being practical, strategic and whole of business focused.
Summary
Last week the NSW Supreme Court determined an appeal from the Local Court requiring judicial review of a Local Court Assessor’s ruling on a claim for loss of use of a motor vehicle. Justice Wilson upheld the ruling of the Assessor and in doing so confirmed that the a plaintiff’s need for a replacement vehicle is relevant to the assessment of damages and that material evidence addressing the degree of such need must be adduced in discharge of the plaintiff’s evidentiary burden.