Does “before” mean “immediately before”?
Consideration of Section 41(5) of the Workers Compensation Act 1987 Shayne Michael Taylor v Soxami Pty Ltd; Burrangong Pet Foods Pty Ltd; Burrangong...
Insurance
When can fresh evidence be used in an appeal against a MAC?
CSR Limited v Ewins [2020] NSWSC 511 The Supreme Court of NSW recently exercised their administrative jurisdiction to approve the reasoning...
Is ‘Lite n Easy’ reasonably necessary?
NSW Workers Compensation Commission recently determined that provision of ‘Lite n Easy’ meals can constitute a reasonably necessary medical...
Power of the arbitrator to determine a claim without referral to an AMS.
Thompson v Bernipave Pty Ltd [2020] NSWWCC 169 Since the 2018 amendments to the Workers Compensation Act 1987 (NSW), Arbitrators have had the...
Section 39 and time
Hochbaum v RSM Building Services Pty Ltd; Whitton v Technical and Further Education Commission t/as TAFE NSW [2020] NSWCA 113 The NSW Supreme...
Arbitrators entitled to consider risk factors particularly to the worker when determining whether there was an injury
Sami v Victory Lodge Pty Limited [2020] NSWWCCPD 34 The Appellant worker suffered a heart attack whilst working on the premises of the Respondent...
Injury during an interval or interlude: activity must be encouraged to be compensable.
Li v Brighton Australia Pty Ltd [2020] NSWWCCPD 44 The Appellant worker suffered an injury to his left eye on 17 March 2019 whilst seeking to...
Surgery not ‘reasonably necessary’ because it is a ‘last resort’
Donelle Young v Vietnam Veterans Keith Payne VC Hostel [2020] NSWWCC 217 Ms Young injured her back in the course of her employment as an Assistant...
