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    • Publications
      • Employers Liability Newsletter - April 2024
        • Discontinuing proceedings has no effect on the determination of permanent impairment once a MAC is issued
        • Employer and third-party contractor escape liability where worker’s credibility and expert reports rejected in evidence
        • Establishing facts critical in awarding finding in negligence
      • Employers Liability Newsletter - April 2025
        • Dangers of a wine cellar: Assessing liability between a working director, a head contractor and the occupier of a premises
        • Different approaches for asymptomatic pre-existing psychiatric conditions?
        • Employer vicariously liable for the casual act of negligence of an unidentified worker
        • Evidence required to support a greater than 10% section 323 deduction
        • Legislative Update
      • Employers Liability Newsletter - August 2024
        • Employer’s vicarious liability for the actions of its employees confirmed
        • NSW District Court clarifies the disputes that the Personal Injury Commission can determine when a party resides in a different State
        • The importance of a ‘claim’ prior to an assessment of impairment in the Personal Injury Commission
        • The ‘Scheme Modernisation’ Changes to Victoria’s Workers Comensation Laws - will they have the desired impact?
      • Employers Liability Newsletter - December 2024
        • High Court allows recovery of $1.4 million in damages for psychiatric injury caused by breach of employment contract by Victorian-based employer
        • The roads taken: Establishing real and substantial connection for journey claims
        • quantification of a workers ability to earn in suitable employment
      • Employers Liability Newsletter - February 2025
        • Choose your path wisely – can a person rely on both the ‘worker’ and ‘deemed worker’ provisions to establish an entitlement to compensation?
        • Member exercises jurisdiction to determine worker's WPI where no offer is made by insurer
        • Section 11A: Reasonable action and third parties
      • Employers Liability Newsletter - July 2024
        • Deemed date of injury in disease cases – which date should you apply?
        • Employer granted leave to raise un-notified issues on appeal
        • Presidential decision confirms worker did not make a claim for compensation within the legislated time frames
      • Employers Liability Newsletter - June 2024
        • Employer negligence for psychological injury – foreseeability of risk and duty of care
        • Negligence: the critical step of proving causation
      • Employers Liability Newsletter - March 2025
        • Can 'Working Directors' recover compensation?
        • Potential prejudice to employer caused by delay in progressing a work injury damages claim not grounds to Strike Out a Pre Filing Statement
        • Thorough clinical records crucial in successfully disputing injured body parts
      • Employers Liability Newsletter - May 2024
        • Calculation of PIAWE – absence from work while in receipt of weekly payments does not constitute a ‘period of unpaid leave.’
        • Consent orders and judgements: their role in avoiding liability for impairment stemming from subsequent injuries
        • The meaning of ‘discipline’ when applying the section 11A(1) defence
      • Employers Liability Newsletter - May 2025
        • Materially different’ pleadings and section 318 of the Workplace Injury Management and Workers Compensation Act
        • Unstable Connections and AVL Assessments
      • Employers Liability Newsletter - November 2024
        • A new way forward for assessable deductions for pre-existing impairment?
        • Substantial delay by injured worker no bar to proceedings – s151D (2) Workers Compensation Act 1987
      • Employers Liability Newsletter - October 2024
        • Calculating economic loss in work injury damages claims
        • Lump sum claims for psychological injuries - clarification of the steps for determining whether/how to make a deduction for a pre-existing condition
        • Wearing Two Hats! – Working Directors and Contributory Negligence
      • Employers Liability Newsletter - September 2024
        • A reminder about evidence in the Personal Injury Commission
        • Proceed with caution - Certificates of capacity
        • The importance of corroborating medical evidence in disputing injury, causation and aggravation injuries
      • Employers Liability Newsletter - March 2024
        • Reasonableness of disciplinary investigations - section 11A of the Workers Compensation Act 1987
        • The main contributing factor test where causation is multifactorial
      • Employers Liability Newsletter - February 2024
        • Employer successful in s11A defence regarding vaccine mandate
        • Review of section 323 deductions for primary psychological injuries
        • Worker successfully claims compensation for injury caused by COVID-19 vaccine
      • Employers Liability Newsletter - December 2023
        • Dog attack injury while working from home held to be in the course of employment
        • Intent an essential ingredient of the ‘serious and wilful’ misconduct defence
        • Successful section 11A defence- COVID-19 Vaccine Mandate
      • Employers Liability Newsletter - November 2023
        • Medical Assessors and the exercise of clinical judgement]
        • PIC considers what constitutes a ‘medical dispute’ for the purposes of referral to a Medical Assessor for assessment of WPI
        • The Court of Appeal upholds a Deed of Release for all injuries
      • Employers Liability Newsletter - October 2023
        • An extreme case? ‘Baseline’ increase to General Damages in the Dust Diseases Tribunal
        • Helping a broken down car may be in the course of employment
        • The Line Between Reasonable Management and Bullying
      • Employers Liability Newsletter - September 2023
        • Review of the application of s322A
        • The High Court re-visits vicarious liability and scope of employment in novel circumstances’
        • The Personal Injury Commission as an expert tribunal
      • Employers Liability Newsletter - September 2023
        • Review of the application of s322A
        • The High Court re-visits vicarious liability and scope of employment in novel circumstances’
        • The Personal Injury Commission as an expert tribunal
      • Employers Liability Newsletter - August 2023
        • Hearing loss during period of self-employment not deductible under s323
        • Hearing loss during period of self-employment not deductible under s323
        • Presidential decision examines the section 289A and Anshun estoppel principles
        • Working From Home - Where Does an Employer’s Liability End?
      • Employers Liability Newsletter - July 2023
        • A Slip of the Hand
        • Appeal Panel declines to make deduction for impairment resulting from a secondary psychological injury
        • Employment not substantial contributing factor to fatal quad bike incident
      • Employers Liability Newsletter - June 2023
        • Deteriorating into not MMI – the impact of a Medical Assessment on a worker’s suitability for assessment
        • Presidential decision on the application of the transitional provisions relating to lump sum compensation
        • The Standard of Proof: Tribunal finds in favour of plaintiff despite not being able to give direct evidence of exposure
      • Employers Liability Newsletter - May 2023
        • Is the claimant a ‘worker’? - The approach taken by the High Court in Jamsek and Personnel Contracting applies to oral contracts
        • Receipt of damages from third party bars worker’s compensation claim
        • Unapproved shopping spree; journey claim rejected
      • Employers Liability Newsletter - April 2023
        • Employer liable for failure to inspect for manufacturer design changes that increase injury risk
        • Need more time to appeal: What is considered?
        • PIC maintains decision that actions of the employer were ‘not reasonable’ 
      • Employers Liability Newsletter - March 2023
        • Court of Appeal confirms culpable company director personally liable to reimburse insurance fund
        • Industrial Deafness claims: Impairment from subsequent hearing loss can be excluded in certain circumstances
        • Recent cases regarding the distinction between employees and independent contractors, and whether the ‘gig economy’ blurs the line
        • Work capacity decisions and the importance of suitably qualified expert evidence
      • Employers Liability Newsletter - February 2023
        • Appeal successful after wrong test applied
        • Federal jurisdiction of the Personal Injury Commission dependant on the power it exercises
        • The Supreme Court remits matter to PIC: the need for critical review of NSW Guidelines in MAP Decisions
      • Employers Liability Newsletter - December 2022
        • Get it right the first time
        • Teacher awarded compensation for psychological injury over implementation of COVID-19 vaccine mandate
        • The Personal Injury Commission and the exercise of federal jurisdiction
      • Employers Liability Newsletter - November 2022
        • Injuries sustained whilst working from home
        • The Respondent bears the responsibility to establish if the effects of an injury have ceased
        • Which Court and why?
      • Employers Liability Newsletter - October 2022
        • Deemed Worker Provisions and the significance of uncontested evidence
        • Keeping an open mind about therapeutic treatment
      • Employers Liability Newsletter - September 2022
        • Deductible proportion for psychological impairment - evidence of pre-2002 rateable impairment required
        • Employer not liable for worksite injury – importance of who is actually in control
        • PIC closely examines and ultimately dismisses worker’s PIAWE evidence
      • Employers Liability Newsletter August 2022
        • 35% WPI to 0% WPI: the value of non-medical evidence in WPI disputes
        • Can criminal conduct result in a workers compensation claim?
        • The importance of reliable evidence in establishing a consequential injury
      • Employers Liability Newsletter July 2022
        • Late, but no cigar – just how late is too late to rely on the service of expert evidence?
        • SIRA Reduces Surgical Fees
        • The Importance of Work Capacity Decisions (WCDs)
        • The importance of preparation: an analysis of a workers compensation claim
      • Employers Liability Newsletter June 2022
        • Applying Section 65A(4) to prevent the aggregation of impairments
        • Breaking Bad: Crime doesn’t pay
        • Worker/Deemed Worker: An Update to the Turks Guide
      • Employers Liability Newsletter May 2022
        • Addressing a lump sum compensation claim that includes a 0% WPI body part
        • Complexity of Disease Claims
        • Injuries on third party premises - employer’s duty is not absolute but to take reasonable care
        • Personal Injury Commission – Key Rule Changes
        • Personal Injury Commission – Key Rule Changes
        • Personal Injury Commission – Key Rule Changes
        • When an injured person is in the course of employment around the clock
      • Employers Liability Newsletter April 2022
        • Admission and Cause of Action – He who asserts must prove
        • Employer’s duty of care is not ‘absolute’ but ‘reasonable’ – Lending a helping hand on work sites
        • Pathology important in determining material contribution to need for treatment
        • State Insurance and Care Legislation Amendment Bill 2022
      • Employers Liability Newsletter March 2022
        • Breach of duty of care and causation
        • High Court clarifies how to determine employee versus contractor relationship
        • Is it possible to rely on reports from two different IMEs in proceedings brought before the Commission?
      • Employers Liability Newsletter February 2022
        • Consequential Injuries - Does a worker need evidence of diagnosis/pathology?
        • Duty of care. Does it end?
        • Worker and Deemed Worker
      • Employers Liability Newsletter December 2021
        • My Medical Practitioner Rules - are psychologists medical practitioners?
        • When does a new vehicle constitute medical treatment?
        • Worker’s evidence not accepted
      • Employers Liability Newsletter November 2021
        • Employer Successfully Defends Work Injury Damages Claim Arising From Alleged Bullying & Harassment
        • The importance of contemporaneous medical evidence
        • Workplace Laws and COVID-19
      • Employers Liability Newsletter October 2021
        • A review – when does the Personal Injury Commission have jurisdiction to award benefits under section 38 of the 1987 Act?
        • Section 11A (1) defence: what evidence is required to establish ‘reasonable action’
        • Section 78 notices and their importance when raising disputes
      • Life Insurance Bulletin - April 2022
        • AFCA confirms the continued importance of up to date medical definitions in trauma policies
        • AFCA finds no misleading or deceptive conduct by insurer and trustee in issuing group life cover with ‘Limited Cover’
        • FCA affirms AFCA’s broad jurisdiction to deal with superannuation complaints
        • FCA imposes penalty on trustee for misleading conduct towards fund members
        • FSC to ban exclusions and restrictive definitions based on occupational classifications
        • Note from the Editor - April 2022
      • Life Insurance Bulletin - October 2021
        • Note from the editor - October 2021
        • Court finds trustee, and not insurer, liable for life insurance cover that had ceased under the PYS changes
        • The LICOP 2.0… the wait is almost over
        • ASIC identifies areas of focus in relation to TPD Insurance
        • Proposed enhancements to the Unfair Contract Terms Regime: What you need to know
        • New Breach Reporting Obligations: ASIC Guidance
        • VCAT considers the definition of ‘domestic partners’
        • AFCA finds insurer properly exercised its right to significantly increase premium rates
        • Financial Advice: AFCA determines customer suffered no loss despite inappropriate insurance policy recommendation
      • Life Insurance & Superannuation Bulletin - December 2019
        • What's happening here and now? December 2019
        • AFCA Group – Avoidance by later in time insurer
        • Crossing the “important and clear line” between general and personal advice
        • TPD - Delay in Assessing Claims
        • TPD - Hearne v Street Orders No longer Necessary
        • TPD - Imperfect Decline Reasoning
        • ASIC Report 663 on TPD – Analysis and Implications
        • Extending Unfair Contract Terms to Life Insurance Contracts
        • The Financial Services Reform Roadmap
      • ASIC Report - Mandatory claims and disputes reporting - commissions set to stay a little longer
      • Binding Death Benefit Nomination Deemed Valid Despite Allegation of Duress and Coercion
      • Circumstantial Silence by Trustee Deemed Misleading and Deceptive Conduct
      • Court Rules on Offset Provisions
      • Court Scrutinises Insurer’s Decision
      • Employers Liability Newsletter - April 2019
        • Challenging the delegate's decision on grounds for appeal from AMS determination
        • Lack of diagnosis no bar to a finding of consequential injury
        • Performance Appraisal for s11A Defence
        • Reinstatement of injured workers
      • Employers Liability Newsletter - April 2020
        • COVID-19 Legislation Amendment (Emergency Measures) Act 2020
        • Mincing words: Contract clauses which seek to exclude liability for injuries in labour-hire situations
        • Section 67 compensation: No more than the sum of its particulars?
        • WCC and SIRA updates
      • Employers Liability Newsletter - April 2021
        • Predicting the unpredictable: deduction for ‘contingencies’ in work injury damages claims
        • NSWCA considers plain meaning of medical assessment referral
      • Employers Liability Newsletter - August 2019
        • Finding of total loss of earning capacity despite residual physical capacity
        • No right of appeal where $5,000 threshold not satisfied
        • Reforms to simplify dispute resolution system for injured road users and workers claiming compensation
        • Short Shots - August 2019
      • Employers Liability Newsletter - December 2019
        • Challenges to Indemnity Costs Orders in the Dust Diseases Tribunal
        • Judgment entered in the interest of the Insurer
        • To assume or not to assume - WCC says do neither
      • Employers Liability Newsletter - December 2020
        • Consequential conditions - Legal principles re-affirmed
        • Expert evidence
      • Employers Liability Newsletter - February 2019
        • All the latest changes and commencement dates - February 2019
        • Case notes on AMS referrals and the restriction to one assessment…does section 39 apply?
        • Respondent acted reasonably suspending weekly benefits pursuant to section 48A
        • Work Injury Damages: A timely reminder about strict timeframes
      • Employers Liability Newsletter - February 2021
        • A new beginning: The Personal Injury Commission commences 1 March 2021
        • Authorities affirmed: relevant tests for injury ‘arising out of’ employment
        • NSWCA rules on historical indexation when applying s82A
        • No liability for employer of security guard injured at third party’s premises
      • Employers Liability Newsletter - January 2019
        • Criminal prosecution of employer
        • The latest changes and commencement dates - January 2019
        • Worker loses the race but wins the case
      • Employers Liability Newsletter - July 2019
        • Dispute on Work Capacity Decision determined by the Workers Compensation Commission
        • Injury on journey to obtain medical treatment establishes real and substantial connection
        • Notional assessment of damages in recovery proceedings does not bind worker in damages claim
        • Stop press
      • Employers Liability Newsletter - June 2019
        • When relocation is a reasonable thing to do
        • Playing the long game: section 11A success
        • Working on scaffolding: A reminder for employers
      • Employers Liability Newsletter - March 2020
        • Cannabis trial falls within definition of Medical Treatment
        • Coronavirus (COVID-19) Pandemic – Considerations for Your Workplace
        • Coronavirus in the workplace - is the employer liable
        • Courts and Tribunals - COVID-19
        • Pursuing recoveries against negligent third parties: a success story
        • The Personal Injury Commission – Proposed legislation
        • What Happens When an Employee is Injured Whilst Working at Home?
      • Employers Liability Newsletter - March 2021
        • Application of weight of expert evidence confirmed
        • Journey or course of employment?
      • Employers Liability Newsletter - May 2019
        • Claims for 'back pay' following application of section 39
        • Employer not liable where third party fully responsible for breach
        • It's Election Time
        • Payment under deed does not damage claim for workers compensation benefits
      • Employers Liability Newsletter - May 2021
        • Retrospective reinstatement in the Dust Diseases Tribunal: How to preserve damages
        • Section 323 deductions and WPI thresholds
        • The McDougall review – a possibility of further legislative reform
      • Employers Liability Newsletter - November 2019
        • A day at the races
        • Reality TV contestant found to be a ‘worker’
        • What constitutes disciplinary action under section 11A(1)?
      • Employers Liability Newsletter - November 2020
        • Journey claims – What is a real and substantial connection?
        • Legislative Developments - November 2020
        • Section 151D: A tale of two applications
      • Employers Liability Newsletter - October 2019
        • Alleged assault of a co-worker: Is the employer vicariously liable?
        • Legislative Developments - October 2019
        • MAC appeal not a MAC appeal
        • The stringent nature of an employer’s duty of care: a duty “to seeing that care is taken”
      • Employers Liability Newsletter - October 2020
        • A consideration of ’social and recreational activities’ under the PIRS rating system
        • Employer loses grip on contributory negligence
        • Legislative Developments - October 2020
        • The Commission upholds three work capacity decisions
      • Employers Liability Newsletter - September 2019
        • Employer establishes section 11A defence
        • Recent Developments - September 2019
        • Successful appeal against decision of AMS
        • When can video surveillance footage be sent to an AMS?
      • Employers Liability Newsletter August 2020
        • Drawing inferences: evidence must be considered as a whole on the balance of probabilities
        • Payment of damages ‘in respect of an injury’: interpreting s151A of the Workers Compensation Act 1987 (NSW)
        • Personal Injury Commission - one step closer
      • Employers Liability Newsletter August 2021
        • Member’s discretion when considering medical evidence
        • NSWCA clarifies when a subpoena to produce can be set aside
        • Psychological injury rejected in absence of supporting evidence
      • Employers Liability Newsletter February 2020
        • Fake facts? The trial judge’s role
        • The sting in the tail! Interest on claims for statutory indemnity
        • Withholding information from a worker results in employer action not being considered reasonable under section 11A(1)
      • Employers Liability Newsletter July 2020
        • Consequential conditions: The expression ‘as a result of’ requires more than a common sense approach
        • Employer’s s11A defence confirmed at Presidential level
        • Industrial manslaughter - implications for employers
        • Offers of compromise and indemnity costs orders
      • Employers Liability Newsletter July 2021
        • Not a happy traveller
        • Reasonable steps by employer satisfy duty of care for full recovery
        • Referrals to a Medical Assessor: Body parts assessed as having no permanent impairment can still be referred for assessment
      • Employers Liability Newsletter June 2020
        • Goodbye WCC, hello PIC
        • WPI Assessments: AMS or Arbitrator’s Determination?
      • Employers Liability Newsletter June 2021
        • Aggregation of WPI
        • Permanent impairment - Discounting for pre-existing conditions or previous injury
        • Person who ‘paid’ the compensation not to be taken literally. Subtleties of 151Z
      • Employers Liability Newsletter May 2020
        • Adding incidents to injury
        • Back to basics: revisting contributory negligence and breach of duty of care
        • Covid-19 update
        • Is a volunteer a worker for the purposes of benefits under the Workers Compensation (Dust Disease) Act 1942?
        • National COVID-19 Safe Workplace Principles have been announced
        • Section 22/22A - Does quantifying the level of incapacity that stems from an earlier injury require direct evidence from the injured worker themselves?
      • Employers Liability Newsletter September 2020
        • Is an unproven medical treatment appropriately awarded in damages?
        • Proving a consequential condition and clarification with respect to what can and cannot be referred to an AMS
        • What constitutes ‘employment benefits’ under s11A(1)?
      • Employers Liability Newsletter September 2021
        • Employer Liability for COVID-19 Vaccine Side Effects
        • Good Faith and the Obligations of the Model Litigant
        • Public Liability Insurer Fails to Establish Employer Negligence
      • Employers Liability Newsletter – March 2019
        • Looking back to assess the future
        • No negligence by labour hire employer – sub-contractor (host employer) liable in damages
        • The latest changes and commencement dates - March 2019
        • When is a “Roadie” a worker?
      • Financial Services Bulletin - September 2018
        • Indemnity Costs and section 52(7)(d) of the SIS Act
        • Involvement in criminal acts – moving the goal posts of public policy
        • Section 54 of the Act prevents a FSP from relying on a technical breach of the policy
        • Senate Committee recommends no changes to group insurance budget proposals
        • TPD: Reinsurer in the Spotlight
        • Unfair Contracts Protections and Life Insurance
        • What's happening here and now? September 2018
        • Working at reduced capacity and limited medical involvement leads to a decline in TPD Claims
      • Fraud - A Conscious Indifference to the Truth
      • Life Insurance Bulletin - April 2020
        • AFCA disregards policy trauma definition – Says fairness requires benefit to be paid despite definition not being met
        • Death Claim – Act of murder ‘forfeits’ joint policy owner’s right to a benefit
        • Federal Court considers issue of when a TPD benefit is payable – Also considers interest
        • Financial Services Royal Commission Fallout - Claims handling as a Financial Service
        • Financial Services Royal Commission Fallout – Proposed changes to the disclosure requirements and remedies under the ICA
        • Impact of COVID-19 on Courts and Tribunals
        • Note from the Editor - April 2020
        • TPD - Intense scrutiny of decline letters continues
        • Unfair contract terms regime to apply to life insurance policies from 5 April 2021
      • Life Insurance Bulletin - April 2021
        • AFCA interprets ‘usual occupation’ to include two unrelated occupations for the purposes of assessing income protection benefits
        • AFCA upholds trustee’s decision to distribute death benefit to de facto partner over competing claims
        • APRA progresses Prudential Standard 250 governing insurance in superannuation
        • ASIC plans to extend its consumer remediation guidance to all AFS licensees
        • FCA sets out road map for utmost good faith compliance in non-disclosure/misrepresentation investigations
        • HCA delivers key decision – financial product advice given to fund members was personal advice under the Corporations Act
        • NSWCA confirms flexible approach to TPD qualifying periods based on wording of TPD definition
        • Note from the Editor - April 2021
        • Sustainability of Insurance in Superannuation…APRA warns group insurance players
      • Life Insurance Bulletin - December 2020
        • Claims handling and settling as a financial service – A step closer…
        • Consumer Engagement Report – ASIC’s deep dive into super fund member satisfaction
        • NSWCA confirms scrupulous and inflexible approach to policy interpretation where clear words used
        • Note from the Editor - December 2020
        • Offset clauses – The essential elements
        • Precision required in TPD Occupational Rating Guides
        • S29 ICA: SCT finds new insurer becomes ‘the insurer’ when there is a Part 9 transfer
      • Life Insurance Bulletin - July 2020
        • AFCA disregards policy trauma definition – ‘fairness’ to the insured was again the determinative factor
        • Federal Court considers scope of AFCA’s powers
        • Federal Court rules on ‘casual’ employment with potential implications for group life cover
        • Federal Court supports application of the Colella ‘capacity’ approach to an ‘unlikely ever to be able’ TPD definition
        • LICOP Post Hayne FSRC – A recap and update
        • Note from the Editor - July 2020
        • Summary of legislative changes to remote witnessing and electronic execution of documents in response to COVID-19
      • Life Insurance Bulletin - October 2020
        • AFCA finds trauma event arises when it occurs, not when diagnosed
        • Court dismisses request for discovery of comparable insurance applications in non – disclosure case
        • FCA confirms indemnity costs only ordered in cases where proceedings end by agreement if ‘losing’ party’s case was hopeless
        • NSWSC confirms insurers must consider all TPD evidence
        • NSWSC confirms s29(2) Avoidance – Court rejects suggestion illicit drug use is akin to drinking alcohol
        • NSWSC finds settlement not binding where no executed Deed of Release
        • Note from the Editor - October 2020
        • Reinsurance: Court rejects request for group insurance takeover material
        • Sustainability in Disability Insurance - Actuaries’ Taskforce lays bare the challenges ahead…
      • Life Insurance Bulletin June 2021
        • AFCA says fairness requires the cancellation procedure in s210(5) to apply to all life insurance policies
        • AFCA upholds ‘militant activities’ exclusion
        • FCA confirms AFCA not required to comply with rules of evidence
        • FCA considers ‘constructive rejection’ of claim
        • NSWCA confirms close judicial scrutiny of insurers’ reasons
        • Note from the Editor - June 2021
        • Sustainability in Disability Insurance – An update…
      • Parliamentary Committee rejects Industry’s submissions to offer rehab
      • Product Design and Distribution Obligations Bill update
      • TPD: Stage 1 in the post-Jones era
      • What's happening here and now? February 2019
  • Personal Injury Commission – Key Rule Changes
  • The ‘Scheme Modernisation’ Changes to Victoria’s Workers Comensation Laws - will they have the desired impact?

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