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Federal Workers’ Compensation
Statement of principles for referrals to the Guidance and Appeals Panel based on errors of fact or law
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Exaggeration or Injury? A Case of Credibility and Medical Gaps
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When Welfare Checks Lead to Claims: Lessons for the Workplace
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Continued Reasonable Medical treatment
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Understanding the Limits of Judicial Review in Workers’ Compensation Claims
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Comcare seeks order for employer to pay costs for leave application
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Compensation and Compromise: Deciding Costs in Ziade and Australian Postal Corporation
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Credibility and reliability crisis: the challenges of claiming psychological injury
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The “reasonable administrative action” defence can encompass a broad range of actions of the employer
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Mitigating the Abuse of Process within the Tribunal – Dismissing an Application when the matter has been previously dealt with to finality
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Affirming the threshold of reasonable administrative action
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Credibility Under Fire: Tribunal Rejects Compensation Due to Reasonable Administrative Action
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Abuse of process crystallised after claiming for an injury which had been settled
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No confidentiality order or leave to rely on surveillance evidence granted in favour of a “cards on the table” approach
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Employer not liable to pay compensation where notice of injury is not provided as soon as practicable
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Chronic pain condition arising from a previously accepted injury is found to be not compensable
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‘Stress’ is not a psychological injury
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Comcare not liable to pay compensation for medical expenses where injury is not in connection with employment
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WFH set up significantly contributes to right shoulder injury
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Slips and Falls and Underlying Degenerative Conditions: a case insight on the limits of liability
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Tribunal Declines Liability for both Husband and Wife’s Claims due to Reasonable Administrative Action Exclusion
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Self-insured corporation liable to pay compensation for aggravation of previously accepted injury
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Federal Court upholds no present liability decision for postal workers’ 1993 injury
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Quality proficiency assessment was reasonable administrative action
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Claimed conditions were not contributed to the requisite degree by employment
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Psychological condition is not an injury
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An identifiable physiological change is not necessary for there to be an “ailment”
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AFP officer’s injury found to be a result of reasonable administrative action
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You don’t always have to put in a fresh claim, according to the Federal Court
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Former AFP officer not entitled to compensation for psychological condition sustained in 1987
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Ongoing symptoms were due to old Army injury not compensable condition
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“But I don’t want to go” – a subjective belief of unlawfulness cannot amount to a reasonable excuse
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Objection refused! Tribunal issues summons for mental health records
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Symptoms of anxiety and stress do not amount to a psychological condition
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To summons, or not to summons, that is the question
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Tribunal dismisses claims due to “abuse of process”
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AFP Officer’s appeal dismissed – Full Federal Court upholds reliance on section 53
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Weight loss surgery not related to psychological condition
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Tribunal: actions to address underperformance were reasonable
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Tribunal finds lower back injury not caused by prolonged sitting/standing at government department
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Tribunal confirms physiological change necessary for an “Injury” under Comcare scheme
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Full Federal Court confirms compensation not payable where causal nexus between injury and employment no longer exists
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Federal Court: AFP Officer not “double dipping”
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When a medical clinic submits summons compliance expenses, what’s reasonable?
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Tribunal affirms decision to cease compensation to Australia Post employee for 1993 work injury
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Tribunal finds Youth Worker suffered lower back injury while setting up for Karaoke event
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Tribunal finds a fall in the course of employment did not cause or aggravate a rotator cuff injury
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Tribunal finds ATO Analyst suffered burnout and depression from employment
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Tribunal applies May and finds Armoured Vehicle Driver is no longer entitled to compensation for arm injury
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Full Federal Court makes finding on late night out for Telstra worker
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False perceptions are not considered contributing factors to psychological condition
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Typing duties did not aggravate carpal tunnel syndrome
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Tribunal applies Prain and finds that decade-long depression is not permanent
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Federal Court: no general responsibility on employers to rehabilitate injured workers
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Tribunal accepts that ATO employment no longer contributes to mental health problems in worker
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No workers’ compensation for Adelaide NDIA employee who made a willful and false representation
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Tribunal overturns liability for shoulder injury in Centrelink worker
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NAB call centre off the hook over psychological condition claim
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Employee succeeds in claim for netball injury during NAIDOC week
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Vexatious Application dismissed by Canberra Tribunal
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Psychological condition arising out of adverse determination not compensable
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No compensation: sailor’s ‘workplace’ hip injury would have happened anywhere
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Tribunal finds significant relationship between lateral epicondylitis and computer use
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Tribunal rejects application for Stay Order
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Tribunal finds headaches are not an “injury”
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Back claim fails for former pasta maker
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No diagnosis = claim denied
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Aust. Post worker denied third back surgery
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Tribunal: chemical sensitivity not an ‘injury’ but employee’s claim gets up
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Tribunal finds applicant exaggerated symptoms
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Inconsistent evidence not fatal to applicant’s claim
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Bulging disc not caused by Centrelink, AAT finds
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Tribunal considers the application of May in a workers’ compensation claim by a Parliament House employee
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Delving into the confusion of casual employment and incapacity payments
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A reminder for employers to tread carefully with employees suffering pre-existing psychological conditions
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Should Comcare foot the bill for Hydrotherapy Treatment in France?
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Telstra win: Fed Court upholds slip & fall decision
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AAT confirms denial of liability for epicondylitis in call centre worker
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What we can learn from NZ’s workers’ compensation scheme regarding hernia claims?
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Tribunal concludes that Telstra didn’t cause heart attack
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Full or partial remittal? That is the question
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Complete dismissal for continual failure to proceed by applicant
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Inconsistent evidence leads Tribunal to uphold denial of liability
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How long is too long when making a claim under the Safety, Rehabilitation and Compensation Act 1988?
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Assessing psychological conditions – when does the effect of employment stop?
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Tribunal considers the meaning of “in a reasonable manner”
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Tribunal declines to make cost order for abortive hearing
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AAT Confirms Payments Cut Off Due to Pre-existing Mental Health Disorder
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SBS not liable for hairdresser’s stress claim
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SBS not liable for hairdresser’s stress claim
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Assessing hearing loss – when is a claim no longer compensable?
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New Guidelines for Rehabilitation Authorities
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No liability to pay for “Ted” (aka psychiatric assistance dog)
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No diagnosis? No worries: Tribunal accepts claim for symptoms
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Can a meeting to discuss carer’s leave be administrative action?
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Confidentiality and privacy concerns Not a justifiable reason for non-compliance
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“Do your rehab” – Tribunal doesn’t accept workers pain complaints
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Personal choice not a reasonable excuse to refuse a return to work at NAB
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Fed Court decides Tribunal’s reasons fall short
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Passive treatment a limited fix – but is it reasonable?
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Gotcha! Surveillance ensures Telstra’s success in migraine claim
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Tribunal takes strict interpretation of reasonable administrative action
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Recent changes to the Safety, Rehabilitation and Compensation Act 1988 (Cth)
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Staying inside the lines: Tribunal critical of the rigid Comcare Guide but still must abide by it
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When it comes to fiction vs reality, it’s perception that counts
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Employer liable for Customer Service Officer’s recreational netball injury
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11 year delay no barrier to claim
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Tribunal flexes its jurisdictional muscle in medical treatment claim
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Christmas party season: if it isn’t official, it isn’t compensable
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Injured on a work trip: is the employer liable? AAT considers another hotel injury claim
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How to stop paying compensation after 33 years
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Legislation Update – Increased Responsibility for workers that suffer “catastrophic injuries”
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Bug Bites at a Call Centre
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Fall once, shame on me; Fall twice, claim on you
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Notice of a claim must be given – no exceptions for detective
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Physiotherapy and massage considered to be “treats”, not treatment – a win for proponents of the limitations of physiotherapy and related treatment
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You don’t have to be ‘perfect’ when it comes to Reasonable Administrative Action
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Tribunal delivers harsh judgment on the use of the exclusionary provisions of the SRC Act
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“Yes” to using summonsed documents for claims management
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Reasonable Administrative Action – Unreasonable?
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Change of position: Federal Court sets aside Tribunal’s decision that Comcare was not excluded from paying worker’s compensation
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It’s all fun and games – but is it work related?
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Remedial massage a quick fix – but is it reasonable treatment?
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Postie’s pain is not enough
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Tribunal won’t be drawn into making conclusions on RAA without sufficient and direct evidence in support
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Tribunal lacks jurisdiction to deal with evolving diagnosis
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Post-Traumatic ‘Significant Contribution’: Tribunal revisits psychological injuries caused by multiple events
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‘Significant Contributing Factor’ no more
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Exclusion is not the aim of the game when it comes to considering the reasonableness of ‘aids or appliances’
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Lack of corroboration leads to denial of psych claim
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Can light work duties cause carpal tunnel syndrome?
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How not to get an Extension of Time in the Administrative Appeals Tribunal
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Desk jobs for truckies: Tribunal considers Suitable Duties and retirement
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No compo for missing out: injury from failure to obtain promotion not compensable due to reasonable administrative action
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AAT rejects claim for long term physiotherapy in RSI case
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Credibility issues and delay scupper claim
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A shift in theory on what causes hernias
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Can an email or an impromptu discussion be an informal counselling action?
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Release from implied undertaking? There might be no need!
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Tribunal sorts out SRC Act aggravation principles
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Managers beware: reasonable administrative action in the post-Comcare v Martin world
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Failure to convince the Tribunal sees second bite at the cherry pipped
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AAT settles the issue of legal privilege in Tribunal proceeding
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Assumptions of fact deemed insufficient to invoke willful and false misrepresentation exclusion
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You gotta fight, for your right… to reconsideration
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It pays to be honest: Tribunal considers section 7(7) defence
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Trick or treatment: Section 16 “in relation to” test goes under the knife
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NBN and RAA in the AAT: Tribunal confirms Martin v Comcare ‘significance’ threshold
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Don’t you (forget about material evidence): Federal Court finds Tribunal not to disregard subjective statements
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Release from implied undertaking? There might be no need!
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You be the Judge: does the Worker or Tribunal decide on the type of permanent impairment to be assessed?
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Inconsistent evidence leads to release from implied undertaking
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Time over effort: Salary increases under the SRC Act
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If an employee is demoted during a period of accepted incapacity for work, does that employee’s NWE change accordingly?
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How can an employer trigger the section 19(4)(c) deeming argument?
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Blurred lines: When does a medico-legal report serve as medical treatment, if ever?
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Short term gain for long term pain: reasonable physiotherapy treatment
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Tell ‘em who’s boss (but do it the right way): Tribunal finds Administrative Actions not reasonable
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High Court examines the meaning of “as a result of” in relation to reasonable administrative action under the SRC Act
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What constitutes an injury pursuant to section 5A of the SRC Act?
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Better come with a good excuse: Postman’s Application for Extensions of time in the Administrative Appeals Tribunal rejected
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No compo for ‘white knight’ trucker – AAT dismisses worker’s claim for injuries suffered in service station brawl
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Costly slip up: Employer liability for day to day activities whilst travelling for employment
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False assurances of employer lead to adverse decision
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Is answering a question falsely enough to constitute a willful and false representation, under section 7(7) of the SRC Act?
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Breast reduction surgery: Cosmetic or necessary?
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Provision of assistive equipment could prevent ongoing claims for compensation
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Redefining the workplace
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No pain, no gain: Does pain triggered at work give rise to a compensable aggravation of a pre-existing condition?
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What does the AAT consider to be reasonable costs for compliance with a summons to produce documents?
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Reasonable administrative action in the face of Chronic Fatigue Syndrome
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Kennedy v Comcare [2015] AATA 334
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Heffernan v Comcare [2015] AATA 655
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Practice Direction for the Procedure of Taxation of Costs
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Bureau of Meterorology v Comcare and Anor 2015 AATA 267 (28 April 2015)
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Alarcon v Australian Postal Corporation (Compensation) [2015] AATA 475 (2 July 2015)
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Cantone v Telstra Corporation Limited [2015] AATA 534
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Topping v Comcare (Compensation) [2015] AATA 525 (17 July 2015)
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Aboutaleb and Comcare [2015] AATA 207
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WBJM and Comcare [2015] AATA 143
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Westrupp v Bis Industries Ltd [2015] AATA 298 (5 May 2015)
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Caplikas v Comcare 2015 AATA 170 (25 March 2015)
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May v Military Rehabilitation and Compensation Commission [2015] FCAFC 93
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SRC Amendment Bill – summary of proposed changes
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Proposed Practice Direction for the Expedited Review of Certain Decisions
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Comcare v Dunstan [2014] FCAFC 21
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Fisher v Military Rehabilitation and Compensation Commission [2013] AATA 934
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Freeman v Fleetmaster Services Pty Ltd [2013] FCA 1068 (23 October 2013)
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Georgoulas and National Australia Bank Limited [2013] AATA 512 (22 July 2013)
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Gilbert and Australia Postal Corporation [2014] AATA 483 (17 July 2014)
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Comcare v Martin [2015] FCA 4 (14 October 2014)
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Ripper and Australian Postal Corporation [2015] AATA 15 (14 January 2015)
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Gordon v Comcare [2012] AATA 578
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Heffernan v Comcare [2014] FCAFC 2
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Hooley and Comcare [2014] AATA 6 (9 January 2014)
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Hull v Australian Postal Corporation [2013] AATA 635 (5 September 2013)
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Jablonka v Comcare [2012] AATA 627 (19 September 2012)
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JQWK v Comcare [2013] AATA 830 (22 November 2013)
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Kaur v Comcare [2014] AATA 127 (10 March 2014)
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Kosteski v Comcare [2014] AATA 217 (14 April 2014)
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Lee v Transpacific Industries Pty Ltd [2013] FCA 1322
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Lucie Ferguson v Commonwealth Bank of Australia [2012] AATA 718 (18 October 2012)
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Matthews and Commonwealth Securities Limited [2013] AATA 726 (9 October 2013)
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Matthews and Telstra Corporation Limited [2014] AATA 251 (29 April 2014)
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Martinez and Comcare [2012] AATA 795 (14 November 2012)
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McAullay and Comcare [2014] AATA 163 (26 March 2014)
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National Australia Bank v KRDV [2012] FCA 543 (28 May 2012)
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New AAT Practice Directions effective December 2013
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Nunez and Australian Postal Corporation 2014 AATA 125
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Perera and Comcare 2013 AATA 589 (22 August 2013)
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Pettiford v Comcare 2014 AATA 95 (27 February 2014)
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Prater and Comcare 2014 AATA 7
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Practice Direction for the Expedited Review of Certain Decisions
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Rahimovski v Commonwealth Bank of Australia [2013] AATA 755 (23 October 2013)
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Reinhold and Comcare [2014] AATA 221 (15 April 2014)
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Spaul and Comcare [2013] AATA 107 (28 February 2013)
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Stages at the Administrative Appeals Tribunal
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Stephen Tapper v Transpacific Industries Pty Ltd [2012] AATA 870 (11 December 2012)
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Szayna and Australian Postal Corporation [2013] AATA 898 (17 December 2013)
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Talevski and K & S Freighters Pty Ltd [2014] AATA 334 (29 May 2014)
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Ting v Comcare [2014] AATA 85 (21 February 2014)
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Verlinden and Comcare [2014] AATA 46 (31 January 2014)
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Wang v Comcare [2012] AATA 242 (27 April)
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Wayne Lee v Transpacific Industries Pty Ltd [2012] AATA 553
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New AAT Practice Directions effective September 2013
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Foster and TNT Australia Pty Ltd [2014] AATA 852 (14 November 2014)
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Prain v Comcare [2014] AATA 593 (22 August 2014)
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Szajna v Australian Postal Corporation [2014] FCA 1136
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O’Loughlin v Linfox Australia Pty Ltd [2014] AATA 577 (20 August 2014)
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O’Kane v Comcare [2014] SCA 341 (9 April 2014)
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Konstandopolous v Comcare [2014] AATA 741 (14 October 2014)
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Ergarac v Comcare [2014] AATA 592 (22 August 2014)
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Davies v Australian Postal Corporation [2014] AATA 578 (20 August 2014)
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Comcare v Nicolas [2014] FCSFC 122 (22 September 2014)
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Alamos v Comcare [2014] AATA 629 (14 August 2014)
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Carson v Comcare [2014] AATA 699 (25 September 2014)
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Armstrong v Comcare [2014] AATA 658 (10 September 2014)
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Todoroska v Australian Postal Corporation [2014] AATA 536 (6 August 2014)
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Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act) – Summary of Review Undertaken by Peter Hanks QC
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SRC Act Amendments – One Step Closer to Being Introduced
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Australian Postal Corporation v Sinnaiah [2013] FCAFC 98
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Awad v TNT Australia Pty Ltd [2014] AATA 331 (28 May 2014)
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Azary v National Australia Bank Limited [2014] AATA 222 (16 April 2014)
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Baird and Comcare [2012] AATA 233 (17 April 2013)
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Balacki v Comcare [2013] AATA 768 (28 October 2013)
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Bradley Beasley v Comcare [2012] AATA 411
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Brady and Comcare [2013] AATA 559 (9 August 2013)
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Buck v Comcare [2012] AATA 327 (31 May 2012)
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Burke and Comcare [2013] AATA 619
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Carbone and Comcare [2014] AATA 376 (16 June 2014)
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Catoni v John Holland Group Pty Ltd [2013] AATA 509 (18 July 2013)
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Comcare v Lilley [2013] FCAFC 121 (1 November 2013)
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Comcare v Lofts [2013] FCA 1197 (18 November 2013)
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Comcare v PVWY [2013] HCA 41 (30 October 2013)
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Comcare v Simmons [2014] FCAFC 4
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Commonwealth Bank v Reeve [2012] FCAFC 21
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Confidential v Military Rehabilitation and Compensation Commission [2013] AATA 804 (13 November 2013)
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Conforti v K & S Freighters Pty Ltd [2013] AATA 542 (2 August 2013)
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Daniel Heffernan v Comcare [2012] AATA 581
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Drenth v Comcare [2012] FCAFC 86 (21 May 2012)
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Saunders v Telstra Corporation Limited [2015] AATA 8 (12 January 2015)
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Carson v Comcare [2015] FCA 50
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Stebbing v Military Rehabilitation and Compensation Commission [2014] AATA 948 (19 December 2014)
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Howes v Comcare [2015] AATA 39 (28 January 2015)
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Barrington v Comcare [2015] AATA 29 (21 January 2015)
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