Does time off in lieu over overtime count towards the PIAWE?

Shepherd v Snowy Valleys Council [2023] NSWPIC 6 (10 January 2023) The Applicant sustained an injury to his lower back on 31 March 2020 whilst in the course of his employment with the Respondent. Liability for the injury was accepted however, there was a dispute regarding the calculation of the Applicant’s pre-injury average weekly earnings…

Clinical notes indicate knowledge of workers compensation process in the PIC

Gleeson v Health Services Union NSW [2023] NSWPIC 15 The Applicant alleged that she suffered a psychological injury in the course of her employment with the Respondent, Health Services Union of NSW. The Applicant was employed as a Union Organiser and alleged she was exposed to bullying and harassment, excessive workloads and unwarranted actions from…

Assessments of WPI: What should your workers compensation representative know?

Stewart v AcrWorld Pty Limited [2023] NSWPICMP 30 There was no issue that that the worker suffered an injury in the course of his employment on 4 September 2018 whilst working in his duties as a construction supervisor. That injury included nerve damage in the left leg. He made a claim for permanent impairment lump…

Falling on Deaf Ears:  Medical Expenses for a Hearing Loss Injury

Holcim (Australia) Pty Ltd v Thomas [2022] NSWCA 183 The Respondent, Stephan Thomas, was employed by the Appellant, Holcim (Australia) Pty Ltd and sustained a workplace hearing loss injury.  In 1999 he received lump sum compensation in respect of 14.8% binaural hearing loss. He continued to work for the Appellant until 2009.  He subsequently commenced…

Dog attack whilst WFH – in the course of employment?

Knight v State of New South Wales (Western NSW Local Health District) [2022] NSWPIC 587 (24 October 2022) An employee was found to have a compensable injury after suffering an injury during an attack by a stray dog whilst working from her home. The Applicant was employed by the Respondent as a case worker in…

Should an Insurer give consideration to a revoked Medical Assessment Certificate?

L’Estrange v Manildra Meat Company Pty Ltd [2022] NSWPIC 563 (11 October 2022) Following a contested Hearing, the Applicant was referred to an Approved Medical Specialist (AMS) to certify the degree of whole person impairment (WPI) of injuries to his neck, back, wrists, elbows, right shoulder, right hip and both knees. On 8 December 2020,…

Hasta la Visa, Baby – Can volunteer work constitute capacity?

Ammann v State of New South Wales – Prince of Wales Hospital [2022] NSWPIC 443 The Claimant came to Australia from Switzerland to further her studies in theology. She was employed as an administrative officer at the Prince of Wales Hospital (State of New South Wales) in its cancer services unit. The Claimant sustained a…

Beds, Mattresses and Section 59

Many of our insurer clients receive claims for adjustable beds and mattresses. These items may fall within the definition of a ‘curative apparatus’ under Section 59(e) of the Workers Compensation Act 1987 (the 1987 Act) and if they do fall within that definition, a worker may claim the costs of same on the basis that…

How Far Can Vicarious Liability Go?

Schokman v CCIG Investments Pty Ltd [2022] QCA 38 On 7 November 2016, the Appellant, Schokman was asleep in staff accommodation at the Respondent employer’s resort on Daydream Island which he shared with another employee, Mr Hewett. The Appellant was awoken early in the morning with a distressing sensation of being unable to breathe before…

No Double Dipping

Purkiss v Secretary, Department of Education [2022] NSWPIC 269 The Claimant was employed by the Department of Education as a Head Teacher. On 15 November 2019, the Claimant was struck in the head with a soccer ball, suffering an accepted head injury and a secondary psychological condition. The Claimant was in receipt of weekly compensation…