Archive | 2013


Serious injury: more than significant or marked and as being at least very considerable

Further to yesterday’s article about the common law damages claim process, including the definition and inevitable difficulties in meeting “serious injury” test by means of a qualitative test in court (as opposed to being deemed seriously injured by means of the quantitative test involving a permanent impairment rating of 30% or more in Victoria & NSW), the following legal case highlights the difficulties in having your injury(ies) and their consequences considered “as being more than significant or marked and as being at least very considerable.”

In Halpin v Wilson Transformer Company Pty Ltd [2012], the Court of Appeal overturned a decision not to grant leave to an injured worker to bring common law proceedings for pain and suffering.

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Workers-Comp-Butcher worksafe-chart Secret-Audio-Recording

Is making a secret recording of a conversation in the workplace against the law?

In just a few days (from January 1) workers who believe they have been bullied in the workplace will be able to apply to the Fair Work Commission for an order to have it stopped. The Fair Work Commission will only have 14 days to deal with a complaint, which is a very tight time frame. Given the numerous grey areas with regards to what bullying is and what it is not (e.g reasonable management action), workers who believe they are being bullied will want to gather evidence…hard evidence.

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Injured Father Christmas not entitled to compensation

The Victorian Court of Appeal has recently reversed the decision of an important legal controversy whereby the County Court Judge awarded $80,000 to a Father Christmas who was kicked in the knee by a  youth on his way from his throne to his dressing room.  The Chief Justice and Acting Justice of Appeal Kyrou agreed with Justice of Appeal Harper’s restrained judgment which was that the first instance judgment was tosh and that the risk of violent assaults on Father Christmases at shopping centres is fanciful and far-fetched so as not to give rise to a duty of care to prevent it.

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What the ef is going on within the police force and with Metlife?

We are receiving more and more gut-wrenching stories and emails from both NSW and VIC police officers who are being ill-treated both by the “force” and, yep, by their workers comp insurer aka as Metlife…and wonder what the hell is going on?!! Bullying within the police force appears rife and on the increase, and once a police officer is injured – whether physically or psychologically- their nightmares truly begin.

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Insurance companies messing with the lives of injured workers-share your stories!

“It’s under investigation”  Delay, delay.  “We are waiting on some records.”  More delay.  “It takes a while to process your information in our system.”  “We’ll let you know when we make a decision.”  “I’m sorry you haven’t gotten your weekly pay, I’ll look in to it.”  More delay…. Does any of this sound familiar to you?

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