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Searching Content indexed under Employment Litigation/ Tribunals by HBA Legal ordered by Published Date Descending.
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Date
1
SBS not liable for stress claim by hairdresser
Due consultation and communication with the applicant over a period of time, meant the process was conducted reasonably.
Australia
12 Oct 2019
2
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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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
11
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
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
Injured on a work trip: is the employer liable? AAT considers another hotel injury claim
The injury was sustained in an interval from her employment, as the activities were not induced or encouraged by Telstra.
Australia
23 Nov 2018
18
How to stop paying workers compensation after 33 years
Compensation was paid for 33 years, so Comcare had to prove that the symptoms were no longer related to that incident.
Australia
22 Nov 2018
19
Employer not liable when it did not know the risk of harm on construction site
This case highlights that employers, although an easy target due to a non-delegable duty of care, are not always liable.
Australia
6 Sep 2018
20
Fall once, shame on me; Fall twice, claim on you - workers compensation
If the evidence before the Tribunal is not sufficient to enable it to upset the status quo, the status quo will remain.
Australia
26 Aug 2018
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