Injured workers often apply out of time for review of insurers’ decisions in statutory workers’ compensation claims on the basis of ‘special circumstances’. But what really constitutes ‘special circumstances’? A recent Court of Appeal decision clarifies the position.
In the recent case of Brisbane Youth Service Inc v Beven [2017] QCA 211, a majority of the Queensland Court of Appeal found that an employer was negligent in allowing a family support worker, Ms Beven, to provide support services to a client who then assaulted her, which resulted in Ms Beven suffering a psychological injury.
Justice Henry of the Queensland Supreme Court in Cairns has found that a course of managerial mistreatment, which commenced in early 2010 and spanned about a year, caused the Cape York District’s Director of Nursing to develop a psychiatric injury that led to the loss of her career.
After his claim was initially dismissed by the District Court, Mr Berhane was today successful in his appeal to the Court of Appeal.
From 1 July 2017, all employees paid under a modern award or paid the national minimum wage will be entitled to a pay increase.
That was the expensive lesson learned by Ms Whitley, whose claim was dismissed by the District Court earlier this month with costs. Cooper Grace Ward acted for WorkCover Queensland in the successful defence of the claim.
In a recent decision, the Queensland Court of Appeal has upheld a narrow interpretation of section 279 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) restricting the scope of information required to be provided under that section.
A recent decision of the Supreme Court of the Australian Capital Territory has provided guidance on the extent of an employer’s duty to employees performing ‘simple and commonplace’ tasks.
In the recent case of Wright v Glencore Queensland Limited [2016] QSC 247, the Queensland Supreme Court was asked to consider whether a self-insurer could withdraw its agreement for a particular doctor to perform a second degree of permanent impairment (DPI) assessment.
Contractual indemnities appear in many services agreements, including subcontracting, labour hire and wet plant hire agreements. Indemnity clauses shift liability from one party to another by requiring one party to indemnify the other.
A recent case before the Administrative Appeals Tribunal shows that, even when injuries are found to have been sustained in the course of employment, an employee can have no entitlement to compensation.
The Industrial Court of Queensland has ruled that an employer does not have the right to be heard at an appeal to the QIRC filed by a worker against a decision of the Regulator.