Comcare News

15 December 2021   ABC   Injured Telstra linesmen stuck after being told to do job against doctors' orders
         

14.05.2024 Updates in Comcare: Presumptive Liability, Rehabilitation/Medical Examinations, and Impairment Guide - Fair Work Legislation (Closing Loopholes) Act 2023 (Cth)

We wrote previously on time limits being introduced into the Comcare scheme which is one of a suite of changes implemented by the Federal Government in this space. Further changes include presumptive liability; rehabilitation and medical examination assessments; and permanent impairment.

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14.05.2024 Comcare: 45 Weeks of Incapacity Entitlements and Accrued Leave

The first 45 weeks of incapacity payments are payable by the employer at a rate equal to 100% of the injured workers normal weekly earnings, less any amount the injured worker is actually earning. Post the initial 45-week period your incapacity payments are calculated based on the percentage of actual hours worked during the week, using a sliding scale.

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29.01.2024 Federal Workers Compensation sees introduction of time limit obligations on employer

Angela Sdrinis Legal has been calling for the introduction of time limits requiring employers to make decisions within a reasonable time frame. ). A recent development in legislation for the Safety, Rehabilitation and Compensation Act 1988 (SRCA) will see timeframes imposed on employers to make determinations on new claims for compensation. If you are ever unsure about your rights as an injured worker, we encourage you to reach out for legal advice.

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02.11.2023 Back-to-Back Wins at the Administrative Appeals Tribunal

Angela Sdrinis Legal had two further recent wins for employees against their respective employers for compensation at the Administrative Appeals Tribunal. Both cases were very different in nature, showcasing the broad range of issues employees can encounter during the claims process. We are encouraged by these recent Tribunal wins and that we may be able to have continued success for injured workers.

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27.10.2023 Angela Sdrinis Legal Succeeds in Two Applications Against Australia Post for Hip and Knee Injuries

Attention should be given to Australia Post’s reliance on technical aspects of the Act to deny claims, such as a failure to report injuries as soon as practicable and making false representations on claim forms. Although the Tribunal correctly found in the Applicant’s favour in respect of these issues, all workers covered by the Comcare scheme should be mindful of reporting an injury as soon as possible and taking care when answering claim forms.

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27.10.2023 Angela Sdrinis Legal Succeeds in Claim for Permanent Impairment against Australia Post

This matter was made more complex than necessary by Australia Post who attempted to absolve themselves of any responsibility for the Applicant’s injury by focusing on non-work related aspects, whilst completely ignoring the obvious trauma that can arise out of long-term injuries. Most people suffer from issues that are not related to work. This does not preclude someone from being entitled to compensation where there has been a work-related injury, or a work-related aggravation of a pre-existing injury.

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04.09.2023 Worker’s Compensation in COVID-19

A recent case lodged in the Administrative Appeals Tribunal on behalf of an Australia Post employee and Union Member has brought to light the challenges faced by those affected by COVID-19 in the workplace. This case emphasises that employees should not be disheartened by initial denials and highlights the potential for success, even in cases involving less conventional injuries that resolve in quick timeframes.

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07.07.2023 Win against Australia Post with the worker having liability re-instated before the Tribunal

Angela Sdrinis Legal recently successfully ran a case against Australian Postal Corporation with the worker having liability re-instated before the Tribunal: Quick and Australian Postal Corporation (Compensation) [2023] AATA 2013 (7 July 2023). Re-instatement of liability under Section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth).

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11.05.2023 Angela Sdrinis Legal Wins Workers Compensation Claim Against Australia Post

Suzi Hyndman has worked for Australia Post since 1999 and as a postal delivery officer for the last 13 years. The Tribunal after hearing evidence from Ms Hyndman, her treaters and medico legal specialists as well as evidence from Australia Post’s doctors, found that Ms Hyndman was suffering from a disease or ailment to which her employment has contributed to a significant degree and ordered Australia Post to reinstate liability and cover the cost of Ms Hyndman’s surgery.

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30.03.2023 Angela Sdrinis Legal Wins Working From Home Compensation Case

It is clear that an employer cannot absolve itself of the responsibility to provide a safe workplace even in circumstances whereas a result of COVID arrangements to work from home had to be abruptly made. It is also clear that employees who do suffer injury which has been caused by their work duties continue to be entitled to compensation.

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25.10.2022 Management of the Comcare Scheme: Independent Medical Examinations Under Scrutiny

Injured workers who have made a claim for compensation under the Comcare scheme, or who already have an accepted claim, will often be directed by their employer to undergo an independent medical examination (IME).

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01.07.2022 Compo win against National Australia Bank

Angela Sdrinis Legal recently successfully ran a case against National Australia Bank with the worker winning liability before the Tribunal: Mercado and National Australia Bank Limited (Compensation) [2022] AATA 2136 (1 July 2022). Acceptance of liability under Section 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth).

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06.05.2022 Can I take a support person with me to an "Independent" Medical Examination?

Attending so called "independent" medical examinations (IME's) at the request of your employer/Comcare can be a stressful business but under the Safety Rehabilitation and Compensation Act 1988 (SRCA) you are required to comply with "reasonable" requests or face a suspension of your incapacity (loss of earnings) benefits.

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10 November 2021: Private Employees overtake Public Servants covered by Comcare Scheme

Angela Sdrinis acts for injured workers across all sectors of the scheme. We can provide expert advice with a first consultation free and in most cases on the basis of no win/no fee arrangements.

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11 August 2021: Proposed Amended Comcare Guide to the Assessment of Permanent Injuries will make it harder for injured workers to recover lump sum Compensation.

The Comcare scheme which was introduced in 1988 for Commonwealth employees and later workers of large national companies who were granted Comcare licences, has over the years become increasingly complex. In our experience, the increasing complexity has not been aimed at making the system better but at making it harder for injured workers to recover compensation.

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