Establishing a successful Section 11A defence with respect to performance appraisal
Fichera v State of New South Wales Police Force [2024] NSWPIC 255 (16 May 2024) (‘Fichera’) Under Section 11A of the Workers Compensation Act 1987 (WC Act), establishing a defence under this section involves proving the following elements:- That the actions of the employer were the whole or predominant cause of the injury; That the…
Dog bite at a Nimbin Tourist park – in the course of employment?
Peter John Mann and Christine Violet Seymour t/as Nimbin Crystal Tourist Park v Workers Compensation Nominal Insurer [2024] NSWPICPD Mr Shaun Brittliff (the Second Respondent) suffered an injury on 23 October 2020 when he was bitten on the nose by a dog whilst approaching a vehicle at Nimbin Crystal Tourist Park. The park was owned…
PIC Member Makes No ‘Mistake’ In Section 261 Determination
Gleeson v Health Services Union NSW [2024] NSWPICPD 3 The Appellant worker was employed as a Union Organiser by the Respondent, Health Services Union of NSW. The Appellant alleges that she developed a psychological injury in the course of her employment due to bullying, harassment, excessive workloads and unwarranted actions from other employees. The Appellant…
Order for Medical Examination under the Uniform Civil Procedure Rules
State of New South Wales v Hollingsworth [2023] NSWCA 152 The Respondent, Mr Hollingsworth, was arrested and taken into custody by the NSW Police Force. He commenced proceedings in the District Court against the Appellant, the State of NSW, for false imprisonment, assault and battery. The Respondent alleged that the incident worsened his pre-existing post-traumatic…
An assessment below WID threshold! An ‘Appealing’ win for the Respondent
Matthew Selkirk v Frontier Assembly Pty Ltd The Appellant Worker, Matthew Selkirk, sustained a frank injury to his right leg after it was crushed by a steel grate on 26 May 2021. Although the injury to his right leg improved over time, he developed deep vein thrombosis (DVT) in his left leg which was accepted…
Doobie or Not to be – Whether Medicinal Cannabis Treatment is Reasonably Necessary
Bladen v Mad Mile Empire Pty Ltd [2024] NSWPIC 4 (8 January 2024) The Applicant was employed by the Respondent as a Sales Representative. He suffered a left knee injury while passing a football with his colleagues at a work function on 20 August 2022. Liability was accepted for a left knee dislocation and multi-ligament…
Discipline of teacher for non-compliance with the Public Health Order 2021
Martsoukos v Secretary, Department of Education [2024] NSWPIC 16 Proposed discipline of a teacher for their non-compliance with the Public Health Order 2021 (COVID-19 Vaccination of Education and Care Workers) was found to be ‘reasonable action’ for the purposes of Section 11A of the Workers Compensation Act 1987. Background The Applicant was employed by the…
Attempts to add an additional body part in WPI claims
Pulis v M & S Boileau Pty Ltd ATF Boileau Family Trust [2023] NSWPIC 608 The Applicant was employed by the Respondent as a Farm Hand and Excavator Operator. It had been accepted by the Respondent that the Applicant sustained an injury to the cervical spine and suffered hearing loss as a result of being…
Dog Attack Whilst WFH Confirmed to be in the Course of Employment
State of New South Wales (Western NSW Local Health District) v Knight [2023] NSWPICPD 63 (10 October 2023) The Respondent, Jessica Knight, was employed by the Appellant, State of New South Wales (Western NSW Local Health District) as a Case Worker. She was working from home during the Covid-19 pandemic and as part of her…
Medication for a prescribed injury – Whether it can result in consequential conditions
Hernandez v State Rail Authority of NSW [2023] NSWPICPD 61 The Appellant suffered injuries to his back during the course of his employment with the State Rail Authority of NSW (First Respondent) on 18 December 1973, 16 August 1976 and 8 December 1987 and Adstock Pty Ltd formerly known as GL Cooper Sales Pty Ltd…