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Capital Brief: Disconnect Discord

The Right to Disconnect law came into effect in August inevitably brought questions to the legal industry, particularly the implications on law firms.

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A Failure to Consult: The Fair Work Commission...

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  

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Firm News

Hicksons recognised in Doyle’s Guide 2024

We are delighted to be recognised as a leading law firm in the 2024 Doyle’s Guide across the following categories:

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‘Your word against mine’: Where an aggravation of pre-existing conditions appeal falls short

‘Your word against mine’: Where an aggravation of pre-existing conditions appeal falls short

In the recent Federal Court case of McEwan v Comcare [2023] FCA 447, Abraham J dismissed the applicant’s appeal for psychological injury on the basis that the argument of aggravation of pre-existing condition did not arise in proceedings prior to appeal. The Court held that an applicant may only bring a different case to appeal if the injury period assessed by the Tribunal was too limited or the initial case had inferred a change of condition. The decision highlights the importance of presenting all facts before the Tribunal to reduce an applicant’s opportunity for appeal on an evolution of evidence.
Blog
Public Health Orders applying to management of COVID Risks are not Employment related factors in tests of causation

Public Health Orders applying to management of COVID Risks are not Employment related factors in tests of causation

During the COVID pandemic employers were supported by the NSW Government , including through the mandates directing when and where face masks were to be worn.   A recent presidential member decision in the Personal Injury Commission (PIC) confirmed a certificate of determination where the member had concluded that the public order enforcing the mandatory wearing of face masks was the main contributing factor to the exacerbation of a pre-existing injury, and this was NOT a work-related factor.
Blog
Has the worker suffered consequential conditions? The PIC says no

Has the worker suffered consequential conditions? The PIC says no

In the recent case of Govindan v Capital Safety Group (Australia) Pty Limited [2022] NSWPIC 588, Member Cameron Burge of the Personal Injury Commission (PIC) held that a worker did not suffer a claimed consequential cervical spine condition and gastrointestinal condition, as a result of not having recorded sufficient history and medical evidence.
Blog
First death benefit claim for contracting COVID-19 while working

First death benefit claim for contracting COVID-19 while working

In Sara v G & S Sara Pty Ltd [2021] NSWPIC 286 the applicant made a claim for compensation after her husband passed away due to contracting the COVID-19 virus whilst on a work trip in New York. The respondent, G & S Sara Pty Ltd, was one of a group of companies in the Stoneglass Group that provided dental technician products and services across the healthcare sector in Australia and the United States, and the deceased worker was a director of each of the entities in the Stoneglass Group.
Blog
Satisfying the ‘consequential injury’ threshold: When is a consequential injury not a consequential injury?

Satisfying the ‘consequential injury’ threshold: When is a consequential injury not a consequential injury?

Injured worker’s entitlements to many compensation entitlements are intricately linked to various WPI thresholds
Blog
No s66 compensation payable when death follows shortly after an injury

No s66 compensation payable when death follows shortly after an injury

The court of appeal handed down its decision in Hunter Quarries Pty Limited v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178 on 16 August 2018. It is a significant pronouncement by the full court confirming no s66 compensation is payable where death occurs within a short time after the injury.
Blog
Motor Accident Injuries Act 2017- Effects on Section 151Z(1)(d) – Indemnity Claims

Motor Accident Injuries Act 2017- Effects on Section 151Z(1)(d) – Indemnity Claims

The Motor Accident Injuries Act 2017 commences operation on 1 December 2017.

  • 30 Nov 2017

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