Firm News

Hicksons continues to grow with latest round of...

Hicksons is pleased to announce its latest promotions marking another step in our commitment to fostering legal talent and leadership.

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Media & Podcasts

Dynamic Business: Building Defects: What They...

“It is important to remember that preventing defects not only protects professionals from legal issues but also contributes to their reputation, customer satisfaction, and the overall integrity of the construction industry.”   In a recent Dynamic Business article, Partner, Chloe Ellis sheds light on the legal implications of building defects and the challenges it presents for construction professionals. She also provides tips to navigating these issues effectively

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Firm News

Hicksons 2023/24 Holiday Closure Period

Hicksons will be closed for a two-week duration over the Christmas and New Year period.

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Industrial Manslaughter – A New Offence for Serious Workplace Safety Failures

Industrial Manslaughter – A New Offence for Serious Workplace Safety Failures

A new offence and serious penalties are now in action across NSW for PCBUs (employers, businesses and the like) and officers (including directors and some senior executives) whose actions or inactions lead to the death of a worker. Although there are no specific new WHS obligations to be aware of, there are new consequences. It is now more important than ever for organisations and senior executives to educate themselves on their obligations under WHS legislation.   
Blog
‘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
The Personal Injury Commission refuses an application for reconsideration

The Personal Injury Commission refuses an application for reconsideration

In the recent case of Gusavac v GPC Asia Pty Ltd [2022] NSWPIC 123, Member Michael Perry of the Personal Injury Commission (PIC) held that the reconsideration application (RA) to set aside the Certificate of Determination be declined and the application to refer the matter back to the Medical Assessor (MA) for reconsideration under section 329 of the Workplace Injury Management and Workers Compensation Act 1998 be refused. 
Blog
Conflicting medical evidence? Why a clear diagnosis of consequential worker injury is essential.

Conflicting medical evidence? Why a clear diagnosis of consequential worker injury is essential.

In the recent case of Grant v Dateline Imports Pty Ltd [2022] NSWPICPD 3, the President of the Personal Injury Commission (PIC) confirmed that a clear diagnosis supporting an alleged consequential condition would aid in discharging the worker’s onus of proving an entitlement to lump sum benefits pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act).
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
Proposed amendments to give the Personal Injury Commission power to control service providers

Proposed amendments to give the Personal Injury Commission power to control service providers

The proposed amendments to the Motor Accidents Injuries Act,Workers Compensation Act 1987, and the Workplace Injury Management and Workers Compensation Act 1998 would give the Personal Injury Commission (PIC) the power to exclude service providers who are overservicing and overcharging.

  • 30 Aug 2021

Blog
Supporting our injured firefighters and emergency service workers – Potential changes to the NSW workers compensation scheme 2021

Supporting our injured firefighters and emergency service workers – Potential changes to the NSW workers compensation scheme 2021

The NSW government has recently introduced the Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 to make changes to the workers compensation legislation largely in response to the catastrophic bush fire season of 2019. It has since passed the Legislative Assembly and awaits scrutiny in the Legislative Council.
Blog
Proposed changes to the Motor Accident Injuries Act – what you need to know

Proposed changes to the Motor Accident Injuries Act – what you need to know

Following the recommendation of Justice Fagan in AAI Limited v Singh1 the Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 was tabled on 23 June 2021.
Blog
When is an injury not an injury?

When is an injury not an injury?

Hicksons was recently successful in a Presidential Appeal in the Workers Compensation Commission, confirming that Arbitrators need to determine “the nature of an injury”. 
Blog
You need to lift big to gain big (damages)

You need to lift big to gain big (damages)

Powell v JFIT Holdings t/as New Dimensions Health and Fitness Centre - [2020] NSWDC 264  

  • 10 Jul 2020

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
Changes to the way impairment is assessed

Changes to the way impairment is assessed

From 1 April 2016, there will be changes to the way in which whole person impairment (WPI) is assessed, as the NSW Workers Compensation Guidelines for the Evaluation of Permanent Impairment, 4th edition take effect.

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