An injured worker's right to apply in advance to recover future treatment costs is not a stand-alone entitlement excluded from prescribed time limitations, an appeals court has ruled in an important judgment on poorly drafted laws.
A full bench has found emails sent by an injured worker constituted an application for future compensable surgery, but agreed his claim was blocked by being too vague on the procedure he needed and when.
Laws providing lump sum payments and indefinite weekly benefits to injured workers are likely to be amended in one jurisdiction, with a series of judgments raising concerns over poor drafting and contradictory provisions.
An Australian employer has unsuccessfully argued that if it is found liable for injuries a worker sustained in a job performed entirely in a foreign country it will be put at a commercial disadvantage, and this cannot be the intent of workers' comp laws.
A tribunal full bench has confirmed that a worker was entitled to the cost of gastric bypass surgery to manage a work injury, even though the procedure failed to prevent her from requiring further surgeries.
A judge has highlighted four serious concerns with an employer's drug and alcohol policy, in ruling that an injured worker wasn't guilty of serious and wilful misconduct in refusing to undergo a urine test ahead of his return to work.