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Ill worker to sue Greg Pearce for breach of privacy

Further to yesterday’s article “Ill worker seeks damages against sacked former NSW finance minister for breach of privacy” it has come to our attention that The Civil and Administrative Tribunal’s most interesting decision is formally on the record: AQO v Gregory Pearce MLC [2014] NSWCATAD 210.

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privacy-breach medical-assessment-injured-workers

Employer right to direct injured worker to undergo medical assessment

The following Fair Work Commission legal decision has ruled that employers are allowed to seek further clarification where medical clearances provided by (injured) workers are general in nature, or where there are genuine concerns that there is a risk to health and safety if the (injured) worker returns to work. In other words, employers can send you to attend a medical assessment, even with a company doctor!

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privacy-breach

WorkCover NSW Privacy officer collects misleading health info to deny claim

In the following, recent, disturbing Workcover NSW legal matter—kindly shared by “Nemesia”—the NSW Civil and Administrative Tribunal (NCAT) upheld an injured worker’s claims about the “extraordinary conduct of WorkCover’s privacy officer”, and made factual findings that amounted to contraventions of privacy principles without specifically stating them.

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secret-recording-workplace

Using secret recording devices may be a pointless exercise

With the increasing prevalence of smart phones and other electronic devices, more and more conversations in the workplace and, for example, medical examinations are being recorded, often secretly and/or unauthorised. However, recent decisions of the Fair Work Commission suggests that using secret recording devices in the workplace may be a pointless exercise.

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Employers incl RTW Coordinators are not allowed to attend doctors appointments

aworkcovervictimsdiary received a shocking email from an injured worker last night, whose employer (a large public hospital) insisted that the injured worker’s “return to work coordinator” be allowed to attend the injured worker’s medical appointment with his specialist orthopedic surgeon, in order “to clarify” the injured worker’s “current fitness for work” status with the surgeon!

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Medical assessments and bosses – injured workers rights

Earlier today, Monty posted a comment asking if his employer can obtain his full doctors reports from IME or from all the independent doctors he has visited in past months.They apparently told him that they got all the reports. Monty was thinking about privacy laws and acts… and so are we! So we went on a trolling spree and found some answers.

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workers-comp-social-media-beware

How does social media and other surveillance prejudice an injured workers case?

It is a well known fact that workcover insurers (and their lawyers) are crawling all over injured workers’ Facebook pages (and other social media sites), and routinely download those pages in “evidence” in case they are later “altered”. Many [genuinely] injured workers still do not understand how stuff posted on Facebook could possibly prejudice their case(s).

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