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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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Firm News

Special Counsel Kezia David Named Among...

Special Counsel Kezia David recognised among Australasian Lawyer’s Elite Women 2024 for excellence in insurance law.

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Permanent Impairment: Is your assessor correctly assessing psychological injuries?

Permanent Impairment: Is your assessor correctly assessing psychological injuries?

In New South Wales, the State Insurance Regulatory Authority (‘SIRA’) provides Guidelines for the Evaluation of Permanent Impairment in Workers Compensation claims. The purpose of the Guidelines is to ensure trained medical assessors consistently provide objective, fair and consistent assessments of permanent impairment.
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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. 
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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).
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‘Speak now… or forever hold your peace’ – Requirements for claiming outside the limitation period

‘Speak now… or forever hold your peace’ – Requirements for claiming outside the limitation period

On 23 April 2021 the Personal Injury Commission delivered a determination of appeal against a decision of the Commission in Burke v Suncorp Staff Pty Ltd [2021] NSWPICPD 6. The worker claimed the Member had erred in fact in finding and that the worker’s failure to claim compensation was not occasioned by ignorance.
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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”. 
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Limitation period changes for child abuse actions may lead to spike in claims

Limitation period changes for child abuse actions may lead to spike in claims

In New South Wales (NSW) there is no longer any limitation period for past, present or future child abuse actions.

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