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Employers Liability Newsletter July 2020

  • Newsletter
  • Published 14.07.2020

COVID-19 Update

The NSW Workers Compensation Commission has announced that in-person AMS assessments may re-commence from 20 July 2020.

Importantly, face-to-face assessments will be "opt-in", and will only be arranged upon request. Video assessments will continue to be the preferred method of assessment.

Full details can be found here.

Legislative Developments

Indexed adjustments to workers compensation benefits from 1 July 2020

The latest indexed adjustments to workers compensation benefits have been proclaimed, and apply from 1 July 2020.

The Workers Compensation (Indexation) Amendment Order (No 2) 2020 has indexed the amount payable for permanent impairment for injuries received on or after 5 August 2015.

In addition, the Order increases the minimum earnings figure to $200 per week under sections 38; 40 and 41 of the Workers Compensation Act 1987.

A copy of the Order can be found here.

Recent Decisions

Consequential conditions: The expression ‘as a result of’ requires more than a common sense approach
Schembri v Blacktown City Council (NSWWCCPD 2020) (9 June 2020)

Employer’s section 11A defence confirmed at Presidential level
BC v State of New South Wales (NSWWCCPD 2020) (19 June 2020)

Industrial manslaughter - implications for employers
R v Brisbane Auto Recycling Pty Ltd and Ors (QDC 2020) (11 June 2020)

Offers of compromise and indemnity costs orders 
Ryan v Workers Compensation Nominal Insurer (No 2) (NSWCA 2020) (3 July 2020)

Court of appeal clarifies the operation of s39
Hochbaum v RSM Building Services Pty Ltd; Whitton v Technical and Further Education Commission t/as TAFE NSW (NSWCA 2020) (17 June 2020)