Work Capacity Decisions: More Pushback from St George Bank Decision

On 2 March 2016 the Registrar of the Workers Compensation Commission, Rod Parsons, told the 4th Annual Personal Injury Conference his views on fall-out from the Presidential decision of Sabanayagem v St George Bank Limited [2016] NSW WCCPD 3 (21 January 2016). READ IN FULL

The Latest on Work Capacity Decisions – Arbitrators Resist St George Bank Decision

There have been two contrary arbitral decisions since the decision of Sabanayagam v St George Bank Limited [2016] NSW WCC PD 3 (21 January 2016). Firstly, in Goncalves v Menzie Port Jackson II Pty Limited (22 February 2016) Senior Arbitrator Snell considered a situation where a worker had been transitioned on 3 September 2013, with READ IN FULL

It’s the Vibe… Confusion on Work Capacity Decisions following St George Decision

On 21 January 2016 Deputy President Kevin O’Grady delivered a Decision in Sabaneyagam v St George Bank Limited [2016] NSW WCC PD 3.    The short facts are that the worker was in receipt of weekly payments following a Work Capacity Decision dated 24 September 2014 that she had no current work capacity, before liability READ IN FULL

Medical Appeal Panel: No Modifier for DRE V

In Scott v Woodgate & Partners Pty Ltd [2015] NSWWCC MA 67 the Appellant sought to argue that an Approved Medical Specialist erred by failing to allow a Table 4.2 modifier for persisting radiculopathy after surgery. READ IN FULL

Court of Appeal Costs

In Grills v Leighton Contractors Pty Limited (No 2) [2015] NSWCA 348 the Court of Appeal accepted that it made an error in ordering an employer to pay a proportion of a worker’s costs in relation to an appeal from a Work Injury Damages decision.    The Court held that the Workers’ Compensation Act and READ IN FULL