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Our team regularly produces articles and updates on legal developments and the implications for clients. Our latest publications can be viewed below. Alternatively, use the Search function on the left to find the topic of your choice.
No liability to pay for “Ted” (aka psychiatric assistance dog)
September 19, 2019
Brideson by guardian Lynette Brideson and Australian Capital Territory [2019] AATA 2314 (31 July 2019). Key Points: Mr Brideson sought compensation for the training and upkeep of a psychiatric assistance dog. The Tribunal found that the dog did not fit the definitions of medical treatment or an aid or appliance and, therefore, compensation was […]
New Guidelines for Rehabilitation Authorities
September 19, 2019
Safety, Rehabilitation and Compensation (Guidelines for Rehabilitation Authorities) Instrument 2019. Key Points The new Guidelines for Rehabilitation Authorities came into effect on 15 August 2019. The differences between the previous guidelines and the new guidelines are briefly discussed below. If you would like a more in-depth explanation of the changes, please get in touch. […]
Assessing hearing loss – when is a claim no longer compensable?
September 19, 2019
Cook and Telstra Corporation Limited [2019] AATA 1511. Key Points: Mr Cook claimed that he suffered hearing loss as a result of his work at Telstra. The Tribunal was required to consider whether Mr Cook had a further claim for permanent impairment and non-economic loss in relation to the further deterioration in his hearing. […]
No diagnosis? No worries: Tribunal accepts claim for symptoms
August 15, 2019
Stefaniak and Comcare [2019] AATA 1866 (12 July 2019). Key Points: Mr Stefaniak submitted a claim for workers’ compensation in respect of lower abdomen and groin pain. Despite no concrete diagnosis of his condition, the Tribunal found in favour of the employee. Background: Mr Stefaniak was a professional sprinter who trained with the […]
Can a meeting to discuss carer’s leave be administrative action?
August 15, 2019
Comcare v Stewart [2019] FCA 365. Key Points: The Federal Court was asked to consider the meaning of the phrase “administrative action”. The Federal Court found in favour of the employee and decided that he was entitled to compensation in respect to his adjustment disorder with anxious mood. Background: Mr Stewart was the […]
Confidentiality and privacy concerns Not a justifiable reason for non-compliance
August 6, 2019
Carver and Comcare [2019] AATA 1534. Key Points: The Tribunal was required to consider a claim for costs arising from a doctor complying with a summons. The Tribunal found that concerns about medical record confidentiality does not constitute a reasonable excuse for failing to comply with a summons. Reasonable expenses incurred in producing documents […]
New Partner at HBA Legal
July 10, 2019
Media Release: Mario Raciti is the latest addition to the partnership team at HBA Legal. The insurance law specialists elevated Raciti after four and a half years as a Senior Associate, and well over a decade’s experience in Professional Indemnity, Casualty, Dispute Resolution and Subrogated Recoveries. Managing Director Brett Ablong said Raciti had been fundamental to […]
Fed Court decides Tribunal’s reasons fall short
July 1, 2019
Comcare and ZZRP [2019] FCA 952. Key Points: Comcare appealed a Tribunal decision to the Federal Court on the basis that it failed to apply the appropriate statutory test and did not provide adequate reasons for its decision. Justice Flick accepted that adequate reasons were not provided and the matter was remitted back […]
Personal choice not a reasonable excuse to refuse a return to work at NAB
July 1, 2019
Hogan and National Australia Bank [2019] AATA 780 (1 May 2019). Key Points: The Tribunal was asked to decide whether an employee provided a reasonable excuse for her failure to undertake a rehabilitation program. The Tribunal found in favour of the employer. Background: Ms Kylie Hogan was a lending assistant who submitted a […]
“Do your rehab” – Tribunal doesn’t accept workers pain complaints
July 1, 2019
Oliver and Comcare 2019 AATA 888. Key Points: The Tribunal was required to consider whether a worker had a reasonable excuse for failing to undertake a rehabilitation program. The Tribunal found in favour of the employer. Background: Ms Katrina Oliver was employed as an Executive Assistant and suffered an injury to her left […]