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‘Fixing the Deeming Provision Dilemma’: how Haddad v The Geo Group shapes disease claims

This article summarises the implications of Haddad v The GEO Group Australia Pty Ltd [2024] NSWCA 135 ('Haddad') where it was held that a claim for compensation where incapacity is not a pre-condition, such as for medical expenses or for lump sum compensation, does not automatically default to a deemed date of injury being the date the claim was made as was established in Stone v Stannard Brothers Launch Services Pty Ltd [2004] NSWCA 277 ('Stone v Stannard').  
Blog

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.
Firm News

Hicksons congratulates Kathy Ireland and Karen Stott on their appointment as Mediators

As previous members of the firm, Hicksons would like to congratulate Kathy Ireland and Karen Stott on their appointment as Mediators for the Personal Injury Commission by Judge Gerard Phillips this week.  
Firm News

Hicksons appoints new Workers Compensation Partner in Sydney

Hicksons appoints industry leader, Jesse Webb, as a partner in its workers compensation team in Sydney.  
Blog

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

Commission muddies the water on whether working from home is a benefit for employees

Since the outbreak of COVID-19 in Australia in March 2020, there has been significant shifts towards working from home across multiple industries. The NSW Personal Injury Commission has now considered in what circumstances being refused the opportunity to work from home may amount to the withdrawal of an employment benefit or transfer, namely for the purpose of a section 11A defence to a psychological injury condition.
  • 6 Dec 2021

Firm News

Hicksons named as a Leading Firm in Doyle’s Guide 2021

Hicksons is delighted to be recognised as a leading firm in the 2021 Doyle’s Guide.
Blog

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

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

‘Long-COVID’ - Dealing with COVID-19 workplace injuries and consequential conditions

The current two-week lockdown in NSW is a timely reminder that COVID-19 and the risk of COVID-19 infections in the course of employment remain real, particularly for those essential workers who are unable to work from home.
  • 2 Jul 2021

Firm News

Continued growth for Hicksons with three senior appointments

Leading commercial law firm Hicksons demonstrates continued growth with the appointment of two special counsels and one senior associate.
Blog

‘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.
Firm News

Hicksons selected as part of icare’s new legal service provider panel for workers compensation claims

Hicksons is proud to be selected for inclusion in icare’s new legal service provider panel for workers compensation claims. The new panel combines work across icare’s two workers compensation schemes.
Firm News

Hicksons named as Leading Firm in Doyle’s Guide 2020

Hicksons is delighted to be named as a Leading Firm in the 2020 Doyle’s Guide.
Blog

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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