Workers Compensation – connection between reasonable treatment and a compensable injury

Ms Clarke was employed by Ramsay as a registered nurse at the Joondalup Health Campus. On 13 September 2009 she injured her lower back and claimed compensation under the Workers’ Compensation and Injury Management Act 1981 (WA).

Liability was accepted and payments were made for her back injury. Ms Clarke was subsequently diagnosed with severe depression said to be a consequence of chronic lower back pain.

She resigned from Ramsay on 7 November 2010 and one year later […]

By | Nov 20, 2017 |

EU: The Discount Rate For Personal Injury Claims Is Set To Change Again

The Lord Chancellor and Justice Secretary has today announced that he will be placing draft legislation before Parliament which proposes to change the way in which the personal injury discount rate is calculated. If this legislation is enacted by Parliament, the discount date under Section 1 of the Damages Act 1996 will change at a date to be determined. These changes will not apply retrospectively but will apply to all future settlements and assessment […]

By | Nov 18, 2017 |

When is it reasonable to reject a costs-protective offer? Trouble on the travelator

When is it reasonable for a plaintiff to reject a defendant’s costs-protective offer? This was the key issue for consideration in the case of Andrenacci v Australian Pacific Airports (Melbourne) Pty Ltd (Ruling No 2) [2017] VCC 864.
Facts
Ms A sued Australia Pacific Airports (APA) in relation to injuries she allegedly suffered when she slipped on a motionless travelator at Melbourne Airport in 2010.

Ms A was a registered dentist and her claim for economic loss was substantial, […]

By | Nov 16, 2017 |