Tag Archives: workers’ compensation

Unemployment no automatic entitlement to weekly payments

The District Court has recently dismissed a worker’s appeal against a finding that he was not entitled to weekly payments on the basis of total incapacity for a period after he was made redundant until he obtained new employment and thereafter for a residual partial incapacity.

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Hall & Wilcox continues national growth with new Brisbane team

Leading independent business law firm, Hall & Wilcox, continues to grow nationally with the hiring of a Brisbane-based insurance team.

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Nine years in the making: a review of the WA workers’ compensation legislation

On 15 February 2018, a media statement was released by The Hon Bill Johnston MLA, on behalf of the McGowan Government, advising that a Bill to ‘modernise’ workers’ compensation will be drafted and introduced into Parliament.

 

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WA Insurance Round-Up – Issue 5

Contents

Case updates

Workplace injuries

Dismissal of appeal of arbitrator’s decision declining application for additional funding
The importance of objectivity when determining whether discipline is unreasonable and harsh
Application of Napier test on causation for medical expenses
Cause of incapacity essential in determining entitlement to prescribed amount
Worker’s subjective belief does not determine ‘course of employment
Attempts to re-litigate a resolved dispute results in award of indemnity costs
High Court to decide: new category of duty of care for employers?
Safe system of work requires consideration of common degenerative condition
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Dual entitlement to annual leave and workers comp affirmed

In 2015 the Federal Court confirmed in the case of Anglican Care v NSW Nurses and Midwives’ Association1 (which was a case relating to an underpayment claim) that employees receiving workers’ compensation may be entitled to continue to accrue annual leave. In that case, a nursing assistant claimed that she was entitled to be paid, on termination of her employment, for the annual leave she had accrued during the two year period she had been absent from work and receiving workers compensation payments.

Until the Anglican Care decision, it was widely accepted that the effect of section 130 of the Fair Work 2009 (Cth) (FW Act) was clearly to prevent an employee from accruing or taking annual leave while they are receiving compensation payments unless this was expressly permitted by the relevant state workers’ compensation laws. Given that such laws are concerned with compensating employees for loss of earnings when off work due to a compensable injury, they generally do not expressly provide an entitlement to annual leave.

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WA Insurance Round-Up – Issue 4

Contents

Case updates

Workplace injuries

Plaintiff wholly responsible for accident
Court comments on roles and powers of arbitrators
Authorities confirmed for questions of incapacity and reasonableness
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Injury arising out of or in the course of employment

This case considers the principles set out in Hatzimanolis v ANI Corporation1, Comcare v PYVW2 and Pioneer Studios Pty Ltd v Hills3 to determine whether the claimant’s injury arose out of or in the course of her employment with the appellant.

Facts and background

The claimant had been successful in obtaining common law damages against the appellants as occupiers of the premises on which she had been injured. The appellants public liability insurer had argued that the claimant at the time of her injury was an employee. The primary judge found that her injury was not suffered in the course of her employment. The appellants appealed this decision.

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Labor and Employment Alert: Ohio’s Supreme Court affirms payment of attorney fees under workers’ compensation statute

Ohio’s Supreme Court affirms payment of attorney fees under workers’ compensation statute

In the case of Holmes v. Crawford Machine, Inc. (2013), 134 Ohio St.3d 303, 2012-Ohio-5380, the court resolved that the language of R.C. 4123.512(F) does not require a claimant to be victorious on the entire appeal in order to be reimbursed for costs, nor does it require a trial court to allocate costs between conditions that are lost or won.
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Jason Tremblay speaks on best practices at seminar on Illinois workers’ compensation laws

Arnstein & Lehr Attorney Jason Tremblay

Jason Tremblay

Arnstein & Lehr Chicago Partner Jason Tremblay presented at a seminar on October 17, sponsored by Corkill Insurance, at the Sheraton Elk Grove Village. The seminar was titled “Changes in Illinois Workers’ Compensation Laws: New Opportunities for Employers.” Mr. Tremblay discussed the topic of best practices for legally handling workers’ compensation situations. Approximately 50 people attended, consisting of HR professionals, safety compliance officers, business owners and insurance adjusters.

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ILN Today Post

Employment and Safety Client Update – June 2012

In sickness and in health: absence on workers’ compensation counts towards qualifying period for unfair dismissal – Restraints: Yes, they are worth the paper they are written on – Principal exposed for underpayment of subcontractors


In sickness and in health: absence on workers’ compensation counts towards qualifying period for unfair dismissal

By Juvena Hannan, Solicitor of Gadens Lawyers Sydney

A full bench of Fair Work Australia (FWA) has clarified that the absence of an employee on workers’ compensation will count towards the qualifying period for protection from unfair dismissal. More…

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