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26 Sep 2018
 

The Court of Appeal recently heard an Appeal against the Supreme Court’s judicial review of a Medical Appeals Panel decision. The Appeal turned on the interpretation of the phrase “permanent impairment” contained in Section 65 and 66 of the Workers Compensation Act 1987 (NSW) (“1987 Act”) and Section 322(1) of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) (“1998 Act”).

 Hunter Quarries Pty Ltd v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178

19 Sep 2018
 

The Queensland District Court recently determined that an employer was liable in negligence for injuries resulting from a physical altercation between two of its employees.

Colwell v Top Cut Foods Pty Ltd [2018] QDC 119

17 Aug 2018
 

The Presidential Division of the Workers Compensation Commission recently heard an Appeal by Inderjit Mahal, the Appellant, against the first instance decision of an Arbitrator. That Appeal primarily concerned the interpretation of a ‘police officer’ in the context of Schedule 6 Part 19H Clause 25 of the Workers Compensation Act 1987 (NSW) (“1987 Act”).

Mahal v The State of New South Wales (No 3) [2018] NSWWCCPD 30 

01 Aug 2018
 
Rankin Ellison successfully defended a claim for permanent impairment compensation in circumstances where the Applicant sought to recommence his previously discontinued claim and to be re-assessed by an Approved Medical Specialist.
Jasbir Singh v B & E Poultry Holdings Pty Ltd (26 July 2018) WCC
25 Jul 2018
 

The Court of Appeal recently heard an Appeal against a trial decision pertaining to a personal injury claim against Bunnings. The Court of Appeal discussed the principles of negligence described by the Civil Liability Act 2002 (NSW) in respect of what a reasonable person is obliged to do.

Bunnings Group Ltd v Giudice [2018] NSWCA 144

12 Jul 2018
 

The Supreme Court of NSW recently determined liability relating to a personal injury claim by a worker in the course of his employment, but where the injury was caused by the negligence of an employee of another entity working in an adjoining premises.

Wharekawa v AEA Constructions Pty Ltd; Building Partners Pty Ltd v AEA Constructions Pty Ltd [2018] NSWSC 684

28 Jun 2018
 

Section 151D of the Workers Compensation Act 1987 (NSW) (“1987 Act”) provides a three year limitation period for commencing a claim for work injury damages, which commences from the date of injury. In Gower v State of New South Wales [2018] NSWCA 132, the NSW Court of Appeal considered an Appeal to extend that period by approximately nine and a half years. Though the Appeal was ultimately rejected, the Court’s reasoning indicates a willingness to extend the limitation period in certain circumstances.

 Gower v State of New South Wales [2018] NSWCA 132

06 Jun 2018
 

It is well established that an employer owes a non-delegable duty of care to its employees to protect them from harm. However, the District Court of NSW recently propounded that in determining whether an employer has breached its duty, it is necessary to also consider the positive responsibilities cast on the injured worker.

 Melanie Sills v State of New South Wales (10 May 2018) NSWDC

17 May 2018
 

This matter involved an application by the Plaintiff, Mr Caffrey (“Caffrey”), to strike out certain parts of the defence filed by the first Defendant, AAI Limited (“AAI”).   Accordingly, the second Defendant, RACQ Insurance Limited, had no involvement in this application.

CAFFREY V AAI LIMITED & ANOR [2017] QSC 339

10 May 2018
 

The Western Australia District Court recently heard an action in negligence against a driver who struck and killed a pedestrian. The Court’s decision reiterated the well established common law principles of negligence as well as provided valuable insight into the operation of the Vincents Chartered Accountants and Luntz tables in respect of calculating damages in personal injury claims.

Rowe v Rose [2018] WADC (21 March 2018)

02 May 2018
 

In 2015, the Workers Compensation Commission determined in State of New South Wales v Stockwell [2015] NSWWCCPD 9 (“Stockwell”) that an injured worker’s entitlement to Section 60 medical expenses does not theoretically cease in the event that they permanently move abroad.

 State of New South Wales v Stockwell [2015] NSWWCCPD 9

24 Apr 2018
 

Rankin Ellison Lawyers recently defended the Insurer of the Secretary, Department of Education (“Respondent”) in an action brought by Mr Vaughan (“Appellant”) in the Workers Compensation Commission. Upon losing his claim, the Appellant appealed the Arbitrator’s first instance decision.

Vaughan v Secretary, Department of Education [2018] NSWWCCPD (10 January 2018)


19 Apr 2018
 

Section 59A of the Workers Compensation Act 1987 (NSW) (‘1987 Act’) provides that an injured worker is not entitled to compensation in respect of any treatment, service or assistance that is given or provided after the compensation period has elapsed. However, there are a number of exceptions to that rule. Importantly for the purpose of this case note, the rule does not apply to the provision of “artificial aids”.

Pacific National v Baldacchino [2018] NSWWCCPD 12 (28 March 2018)


28 Feb 2018
 

This matter arose out of a helicopter crash that resulted in the death of three people. Legal action was commenced by an array of litigants, including the dependants of two of the three deceased persons. Further, a number of additional claims and cross-claims were made by the respective Defendants to the initial proceedings.

 South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312

 

22 Feb 2018
 

A win on an interlocutory issue for Rankin Ellison Lawyers. We acted for the Respondent in the above Summons Seeking Leave to Appeal. On behalf of our client, on or about 22 September 2015 we served a Notice to Admit facts stating: ‘On a date prior to 20 December 2010 [Taree Truck Centre] was engaged by [Kneeward] to inspect, service, maintain and repair (the truck) as necessary and Taree carried out regular inspections, servicing and repair of the vehicle’.

Taree Truck Centre Pty Ltd v Kneeward Pty Ltd [2018] NSWCA 16 (15 February 2018)

 

21 Feb 2018
 

In this matter, the Plaintiff, Jerrod Crim (“Plaintiff”), sought leave from the District Court to commence work injury damages proceedings against the Defendant, Vodafone Hutchinson Australia Pty Ltd (“Defendant”) after the expiration of the 3 year limitation period prescribed by Section 151D(2) of the Workers Compensation Act 1987 (NSW) (“Act”).

Crim v Vodafone Hutchinson Australia Pty Ltd [2017] NSWDC 404

 

15 Feb 2018
 

The Deceased, John Hemmes, died on 1 March 2015 aged 83. The Plaintiff, Edward Cameron, was born in 1990 following an extra marital affair between his mother and the Deceased. The Deceased never acknowledged the Plaintiff as his child, despite confirmation through DNA testing.

 Estate Hemmes; Cameron v Mead [2018] NSWSC 85


08 Feb 2018
 

The President of the Workers Compensation Commission recently overturned a finding that a bull rider was a deemed worker engaged by the Australian Bushman’s Campdraft and Rodeo Association Ltd (ABCRA) and the Camden Show Society Inc (CSS) for the purposes of workers compensation.

Australian Bushman’s Campdraft and Rodeo Association Ltd v Gajkowski [2017] NSWWCCPD 54 & The Camden Show Society Inc v Gajkowski [2017] NSWWCCPD 55

 

07 Feb 2018
 

The Plaintiff, Steven George Villanti, commenced separate legal action against two entities that he alleged were liable for work injuries that he had sustained. The separate proceedings were joined and heard concurrently in the Supreme Court of NSW. Both the first Defendant, Coles, and the second Defendant, Allstaff, filed cross claims against one another. Their respective claims concerned various aspects of the law including civil liability legislation, motor vehicle accident legislation, and workers compensation legislation.

 Steven George Villanti v Coles Group Supply Chain Pty Limited; Steven George Villanti v All Staff Australia NSW Pty Ltd t/as Allstaff Australia [2017] NSWSC 1231

 

31 Jan 2018
 

The Court of Appeal allowed an appeal against the decision of the Commission, who had dismissed an appeal brought by the Appellant (Tudor Capital Australia, “Tudor”). Tudor had originally appealed against the decision of the Arbitrator, who found in favour of the Respondent (Ms Christensen) in respect of a claim for compensation for her late husband’s death under Sections 9 and 25 of the Workers Compensation Act 1987.

 Tudor Capital Australia Pty Limited v Christensen [2017] NSWCA 260

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