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WorkCover NSW – entitlement to make further permanent impairment claim

In August 2015 the NSW Court of Appeal decided that NSW injured workers could not make more than one lump-sum insurance claim. In other words that injured workers could not top up their lump-sum compensation payment if their condition deteriorated. However, yesterday (Monday 26 Oct 15), the state government will make a new regulation to override that court decision in that case, known as Cram Fluid Power v Green.

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Injured workers duties unsuitable: case

In the following 2015 NSW legal case, a workcover insurer (and its client, the employer) tried very hard ( but failed) to appeal a decision which required to compensate an injured worker who resigned from his job. The NSW Court of Appeal found that the injured worker’s duties as prescribed by the worker’s injury management plan were not suitable.

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NSW WCC no power to order the workcover insurer to make payments – WTF?

We have lately been reading heaps of legal cases and recently came across a pretty disturbing one: The NSW Workers Compensation Commission (NSW WCC) ruled in a Jan 2015 case that it does NOT have the power to order a workcover insurer to(re) pay weekly payments to a seriously injured worker for a 2-year period even though the injured worker had a “no work capacity” status. WTF!?

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Psychological injury and proving work-relatedness: cases

Having liability accepted for a psychological work-related injury can be very difficult, even more so because the connection or relationship to work can be (and is often) less obvious than in workcover claims involving only physical injuries. However in the following recent legal cases, the courts accepted that there was a psychological work-related injury present.

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NSW Injured workers could be disadvantaged after recent court ruling

Thousands of New South Wales workers could be stopped from accessing lump sum workers compensation payments they need for financial stability. A recent decision in the NSW Court of Appeal, in Cram Fluid Power V Green, means seriously injured workers can no longer top up their initial lump sum payments if their condition deteriorates.
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Former PM Julia Gillard house keeper workcover claim reinstated

You may remember the case of former PM Julia Gillard’s house keeper’s workcover claim for an injury she sustained to her back while straining to fit a sheet on Julia Gillard’s king-size mattress in 2012. The house keeper had initially some issues with her claim, also re-injured herself and now it turns out that she was accused of “fraud” by means of surveillance. However recently the AAT overturned the decision of Comcare to cease her claim for compensation. The article gives some worthy tips re surveillance.

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Redemption agreements under Return to Work SA

We refer to our Legal Question section, where a couple of questions have been posted regarding redemption under the old and new WorkCover (Return to Work) SA legislation. Redemption agreements have positive but also negative consequences and our SA injured workers need to be well-informed before accepting (or rejecting) a redemption.

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