Insurance

Return to Publications
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

22 Sep 2016
 

Rankin Ellison acted for a small business (Austral IGA) on instructions from an insurer client in which the District Court accepted that the business was not liable for injuries suffered by a worker when she twisted her knee whilst placing pricing tickets on a low shelf.  The Court accepted our argument that it should take a “common sense approach” to causation, and that none of the precautions available to the defendant would have prevented the injury. 

Cicino v F & C Tassone & Sons Pty Ltd [2016] NSWDC 191

 

31 Aug 2015
 
“Applying the eggshell skull psyche and burden of proof in psychological injury cases for workers compensation”
Sirikci v Hewlett Packard Australia Pty Ltd [2015] NSWWCCPD 45
26 Aug 2015
 
Changes in Workers Compensation
06 Aug 2015
 
The Court of Appeal analysed the Duty of Disclosure in the Insurance Contracts Act and found that Allianz had not “clearly informed the applicant” as to his duty, and so could not rely on his failure to disclose two criminal convictions relating to pub brawls to avoid paying out on his insurance.
O’Farrell v Allianz Australia Insurance Limited [2015] NSWCA 48.
30 Jul 2015
 
Workers Compensation case managers employed by insurers have a portfolio of clients and as part of their job description are required to send confidential medical information to either workers or the workers’ representatives.  It is not surprising that sometimes documents can be filed incorrectly or sent to the wrong person.  In Xchanging Integrated Services (Australia) Pty Ltd  v  Dale Williams [2015] NSWSC 692 (29 May 2015) (“Williams”) a similar factual circumstance arose.
16 Jul 2015
 
Anyone who has boarded a chair lift before knows of the nervous wait seconds before it arrives.  In Perisher Blue Pty Ltd v Nair-Smith [2015] NSWCA 90, the Court of Appeal of the Supreme Court of New South Wales (Barrett JA, Gleeson JA, Tobias AJA in a joint judgment) has shed light on a ski chairlift operator’s liability for injury in ski chairlift accidents.
Perisher Blue Pty Ltd v Nair-Smith [2015] NSWCA 90 (9 April 2015)
16 Jul 2015
 
Is a worker entitled to two separate awards of weekly compensation if incapacity for work is attributable to more than one injury?
Harrington v New South Wales Police Force [2015] NSWWCCPD 31
09 Jul 2015
 
The High Court unanimously allowed an appeal from a decision of the Full Court of the Supreme Court of South Australia and held that whilst the Full Court did not err in finding that King, the Appellant, owed a duty of care to Philcox, the Respondent, Philcox could not recover damages for mental harm as he was not “present at the scene of accident when the accident occurred”  emphasis added, as required by s53  of the Civil Liability Act 1936 (SA)
KING v PHILCOX [2015] HCA 19
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.