Browsing: Workers' comp decisions (National) | Page 33

An injured worker's massage and osteopathy treatments constitute medical treatment under the SRC Act, but aren't "reasonable" because of their significant cost and lack of "curative effect", the AAT has ruled.

The binding UK authority on personal injury claims shows that an asbestos-related cause of action accrues when the damage becomes "more than negligible", regardless of whether it is detectable at the time, the High Court of Australia has been told.

In another case that applies the test established in PVYW, a tribunal has found a worker who was injured when he attended a training course - which his employer didn't know about - while he was on leave is entitled to compensation.

An employer and its employee development manager breached the National Employment Standards in giving an injured worker four weeks and three days' notice of termination instead of five weeks' notice, the Federal Circuit Court has found.

The High Court will determine whether a mesothelioma-related cause of action arises at the time asbestos is inhaled or when the symptoms of the disease become apparent, after an employer was granted special leave to appeal against a $425,000 damages award.

A full Federal Court has confirmed that the Fair Work Act doesn't block injured NSW workers from accruing leave while they're receiving incapacity payments.

Working in a "busy and quite noisy" office contributed to a worker developing a permanent sensitivity to "normal" everyday sounds, the AAT has found, in upholding her workers' compensation appeal.

In a scathing judgment, the AAT has found an injured worker's physiotherapists treated her for nearly two decades without helping her achieve any functional goals or self-manage her condition.

A FIFO worker who was attacked at a mining-camp tavern wasn't injured during an "ordinary recess" in his employment, and the Hatzimanolis test didn't apply to his case, a tribunal has found.

The Federal Circuit Court has rejected an injured worker's claim that an employer took adverse action against him in refusing to hire him after he failed a functional assessment.