This update looks at the latest legal developments affecting self-insurers and claims agents in Victoria. In this issue we look at:
Pain and restriction enough for a claim
The decision of Avery v Victorian WorkCover Authority
[2017] VCC 739 has confirmed that reporting constant pain, along
with restriction on recreation, grooming and household activities
is sufficient to bring a claim for pain and suffering against
WorkCover.
Read more...
Clarity of a matter
The case of Quigg v Northend Carpentry [2017] has
clarified the appropriate timeframe for calculating a worker's
pre-injury average weekly earnings should be 12 months before the
date of injury, rather than 12 months before incapacity.
Read more...
A "remote possibility" of factual
causation
The Corporation of the Synod of the Diocese of Brisbane v
Greenway [2017] QCA 103 is a reminder that a forensic
investigation should be conducted before making a workers'
compensation claim. This is particularly important in determining
whether factual causation can be met between a worker's injury
and an employer's negligence.
Read more...
Evidence inconsistencies not enough to stop a
claim
The decision of Le v Victorian WorkCover Authority [2017]
VCC 920 is an interesting example of a workers' compensation
claim, which highlights that if the reliability of a plaintiff is
an issue, this will not necessarily mean their evidence will be
brought into question.
Read more...
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.