Insurance

Return to Publications
22 Nov 2017
 

The Applicant, Ms Fallone, sustained two separate workplace injuries in the course of her employment with the Respondent, for which she received compensation, and also sustained injuries as a result of an unrelated motor vehicle accident. She underwent unapproved right shoulder surgery, and later brought proceedings in the Commission for the costs associated with the surgery as well as payment for a period of incapacity which resulted thereafter. The Arbitrator entered an award in favour of the Respondent, finding that the surgery and her subsequent incapacity was not sufficiently connected to her workplace injuries.

Barbara Fallone v South Western Sydney Institute [2017] NSWWCC 174

16 Nov 2017
 

The Employer, Pidcock Panel Beating, appealed against the decision of the Arbitrator to allow referral of a previous assessment of permanent impairment for which a Certificate of Determination had been issued and compensation awarded. It contended that as the dispute had been finalised, Section 329 of the WIMA 1998 Act could not apply to allow the referral. 

Pidcock Panel Beating Pty Ltd v Nicolia [2017] NSWWCCPD 32 (25 July 2017)

09 Nov 2017
 
The worker, Milan Kabic, was employed by a labour hire Company (Caringbah Formwork) to work on a building site that was operated by Deicorp (the principal contractor) and Calcono (sub-contractor). He sustained significant injuries when he fell from framework whilst working on the site. 
Kabic v Workers Compensation Nominal Insurer (No 3) [2017] NSWSC 1281
25 Oct 2017
 

The worker claimed compensation for domestic assistance for the cost of house painting and for the cost of pool maintenance at the worker’s home.  The Workers Compensation Commission Arbitrator found in favour of the worker for the cost of painting his house, but not for the cost of pool maintenance.

Bellamy v Watertech Resources [2017] NSWWCC 195

19 Oct 2017
 
Applicant commenced proceedings in the WCC seeking further lump sum compensation following injuries to her right lower extremity and lumbar spine on 3 March 2010.  In previous proceedings Consent Orders were entered into for injuries to the right lower extremity and lumbar spine.

Karen Israel v Catering Industries (NSW) Pty Ltd [2017] NSWWCC 215 (7 September 2017)

19 Oct 2017
 

Piercy v Trimec Pty Ltd involved an application by the injured worker, Brenda Piercy, for domestic assistance under Section 60AA of the Workers Compensation Act 1987  (the ‘Act’). The central issue for determination by the Commission was whether the domestic assistance sought by the worker could exceed what had been provided in the care plan by the Insurer pursuant to subsection (d) of the Act, whilst still being ‘in accordance with’ that care plan.

Piercy v Trimec Pty Ltd [2017] NSWWCC 218

18 Oct 2017
 

The present case considered the exercise of the Court’s discretion to extend the limitation period pursuant to Section 151D(2) of the Workers Compensation Act 1987 (the ‘Act’). Ultimately, Neilson DCJ granted leave and the reasons cited for this were; the Plaintiff’s complex history of injury and treatment, several delays in correspondence between the parties, a concession made in the Workers Compensation Commission (WCC) in 2015 and the fact the Plaintiff had a prima facie case on liability. 

 Bright v State of New South Wales [2017] NSWDC 257

 

12 Oct 2017
 

In this matter the Workers Compensation Commission found in favour of the Applicant (Tina Bellamy) in respect of a fracture she sustained to her ankle when exiting the shopping centre in which her employer’s premises was located.  

Tina Bellamy & Coles Supermarkets Australia Pty Limited [2017] NSWWCC 216

 

24 Aug 2017
 

In this case the Court dismissed an appeal brought by Mr Abdul Raad against a decision which had awarded him $75,547 in damages. Mr Raad had slipped and fallen on a wet, tiled area located in a shopping village occupied by VM & KTP Holdings. The damages awarded to him reflected a 10% reduction in potential damages by virtue of a finding of contributory negligence on Mr Raad’s part. 

Raad v VM & KTP Holdings Pty Ltd as Trustee for VM & KTP Nguyen Family Trust [2017] NSWCA 190

17 Aug 2017
 

The matter was heard in the Coal Mines sittings of the District Court Residual Jurisdiction in Newcastle on 27 July 2017 before Ashford DCJ. The Plaintiff made a claim for compensation as a result of injury to his head and neck sustained on 13 June 2012, with a consequential injury to his right arm due to pain radiating from his neck, sustained.

Bajric v EGL MA Pty Ltd (in liquidation) (16 August 2017)

 

20 Jul 2017
 

Ms Ferguson (the Plaintiff) is a former employee of the NSW Police Force (the first Defendant). On 8 December 2007, she sustained an injury to her right wrist whilst restraining an offender in the course of her employment. She underwent multiple surgeries in respect of that injury. 

 Ferguson v State of New South Wales & Ors [2017] NSWSC 887

19 Jul 2017
 

The Star Pty Ltd v Mitchison [2017] NSWCA 149 was an appeal by The Star against an interlocutory decision in the District Court. The interlocutory decision determined that Mr Mitchison’s action against The Star for common law damages was not fettered by Chapter 6 and 7 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW).

 The Star Pty Ltd v Mitchison [2017] NSWCA 149


05 Jul 2017
 

In Christos v Curtin University of Technology [2017] WASCA 110, the Court of Appeal interestingly found in favour of the employer in a psychiatric injury claim for damages. Dr Christos (the Appellant) initially commenced proceedings against Curtin University of Technology (the Respondent) for breach of contract, breach of statutory duty and negligence, which allegedly caused his psychiatric injury. At first instance, the action was dismissed.

 Christos v Curtin University of Technology [2017] WASCA 110


28 Jun 2017
 

Section 44BB of the Workers Compensation Act 1987 (NSW) (the “Act”) allows a worker to seek a merit review of a work capacity decision provided the “application for review [is] made within 30 days after the worker receives notice” of the decision.

Bhusal v Catholic Health Care [2017] NSWSC 838

 

07 Jun 2017
 

The Workers Compensation Commission (“WCC”) has very recently arrived at two decisions that provide clarity to workers compensation laws in respect of noise induced hearing loss. The respective decisions examine attribution of liability and limitation periods.

25 May 2017
 

In recent times insurers managing claims involving both lump sum compensation claims and work injury damages (“WID”) threshold disputes have been faced with decisions of the Commission...

Favetti Bricklaying Pty Limited v Benedek and Anor [2017] NSWSC 417

 

08 Mar 2017
 

Is a worker entitled to rely on an assessment of WPI for a secondary psychological injury for the purposes of establishing that he or she is a worker with high needs or a worker with the highest needs?

Walid Abu-Ali v Martin-Brower Australia Pty Ltd [2016] NSWWCC 276

02 Mar 2017
 

Section 66(1A) of the Workers Compensation Act 1987 provides that workers may only make one claim for lump sum compensation for permanent impairment in respect of an injury from which that impairment results.

Draca V Formtec Group (NSW) Pty Limited [2016] NSWWCCPD 53

 

16 Feb 2017
 

In this case the NSW Court of Appeal allowed an appeal on behalf of the NSW Police against a decision finding in favour of the Plaintiff, Mr Briggs.

State of NSW v Briggs [2016] NSWCA 344 

 

04 Jan 2017
 

A worker to whom compensation is payable under the Workers Compensation Act 1987 may elect to claim either compensation for permanent loss under Sections 66 and 67 or damages for negligence under the common law. They are not entitled to claim both. 

Cipriano v Sew Eurodrive Pty Ltd [2016] NSWSC 1630

Return to Publications

CONTACT OUR TEAM
 
Sydney: 02 8297 5900 Newcastle: 02 4929 9333  

Submit your enquiry via the form below and we will reply
within the next business day.

*Required fields












Your privacy is important to us. Any information that you give to us remains confidential and will not be shared.