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Does a discrimination claim prevent you from later getting workers compensation? Court of Appeal says no…

On 23 July 2020 the NSW Supreme Court of Appeal handed down the decision of Gardiner v Laing O’Rourke Australia Construction Pty Limited [2020] NSWCA 151. It involved a worker who had complained to the Anti-Discrimination Board about his employer, received a payment of money, and later claimed workers compensation for psychological injury. The Court considered whether that was permissible.
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Why can’t you get an x-ray for a psychological injury? Well, maybe you can…

If a person rolls her/his ankle and a fracture is suspected, the doctor will refer for an X-Ray to confirm.
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Discrimination settlement extinguishes workers compensation rights

President Keating of the Workers Compensation Commission expressed it to be an unfortunate result when he entered an award for the respondent finding that a workers settlement of a discrimination claim extinguished her further rights to workers compensation.
  • 29 Jul 2016

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