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Searching Content indexed under Employee Benefits & Compensation by HBA Legal ordered by Published Date Descending.
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1
No liability to pay compensation for Ted (aka psychiatric assistance dog)
Evidence for the dog did not fit definitions of medical treatment, an aid or appliance, so compensation was not payable.
Australia
30 Sep 2019
2
Can a meeting to discuss carer's leave be administrative action?
The part of the meeting that concerned his employment - his carer's leave arrangements - was an "administrative action".
Australia
16 Aug 2019
3
No diagnosis? No worries: Tribunal accepts claim for workers compensation for symptoms
The employee's symptoms began after he started working at ANO and the longer he worked, the more sustained the pain was.
Australia
16 Aug 2019
4
Do your rehab – Tribunal does not accept workers pain complaints
The issue was whether the worker's complaints of pain were a reasonable excuse for a failure to undergo rehabilitation.
Australia
6 Jul 2019
5
Personal choice not a reasonable excuse to refuse a return to work at NAB
The Tribunal needed to decide if the employee provided a reasonable excuse for her failure to undertake rehabilitation.
Australia
6 Jul 2019
6
Fed Court decides that Tribunal reasons fall short
The judge accepted that adequate reasons were not provided so the matter was remitted to the Tribunal for reconsideration.
Australia
6 Jul 2019
7
Tribunal takes strict interpretation of reasonable administrative action
Compensation was denied as the medical condition arose due to events within the reasonable administrative action defence.
Australia
2 Jul 2019
8
Passive treatment a limited fix – but is it reasonable?
The Tribunal was asked to consider whether chiropractic treatment was reasonable medical treatment for a low back injury.
Australia
2 Jul 2019
9
Gotcha! Surveillance ensures Telstra success in migraine claim
Surveillance footage cast doubt over the accuracy of the claimant's reporting of her condition to medical practitioners.
Australia
2 Jul 2019
10
It is a tie – the worker gets surgery, but the employer wins right to stop paying workers compensation
Subjective complaints of ongoing symptoms by the employee need to substantiated with evidence, such as medical records.
Australia
24 May 2019
11
Recent changes to the Safety, Rehabilitation and Compensation Act 1988 (Cth)
This article briefly discusses some of the recent amendments to the SRC Act 1988, including Instruments and Declarations.
Australia
11 Apr 2019
12
When it comes to fiction vs reality, employee perception counts
There was a sufficient connection to actual events in the workplace, for the employee to be entitled to compensation.
Australia
21 Mar 2019
13
Staying inside the lines: Tribunal critical of the rigid Comcare Guide but still must abide by it
Assessment via the Comcare Guide is a somewhat mechanical process that does not allow a significant amount of discretion.
Australia
20 Mar 2019
14
Tribunal stands by Lock and Weston in jurisdiction dispute for workers compensation
The Tribunal decided, on the papers, that it had jurisdiction to review a decision to cease paying workers' compensation.
Australia
20 Mar 2019
15
11 year delay no barrier to claim for compensation
The applicant made a claim for workers' compensation in 2016, for the aggravation of an injury from September 2005.
Australia
14 Mar 2019
16
It is a tie – the worker gets surgery, but the employer wins the right to stop paying workers compensation
The Tribunal found in favour of the employer for compensation, but in favour of the worker for the second operation.
Australia
14 Mar 2019
17
Employer liable for recreational netball injury by Customer Service Officer
The employer had actively encouraged the applicant to participate in the netball game, so the injury was compensable.
Australia
13 Mar 2019
18
Dont fall for a smoko: compo for fast food worker injured while smoking before shift
Whether an area of the premises is considered a "place of employment" depends on the worker's duties at that time.
Australia
31 Jan 2019
19
Tribunal flexes its jurisdictional muscle in medical treatment claim
The ‘claim' for workers compensation was made through a request for medical treatment, rather than by a new claim form.
Australia
13 Dec 2018
20
Christmas party season: if it is not official, it is not compensable
If a clear policy for approving work social events is not followed, the Tribunal is unlikely to interfere.
Australia
4 Dec 2018
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