Category: Personal Compensation Law
Clayton v Jetcrete: The importance of expert evidence in personal injury litigation
The recent decision of the District Court of Queensland in Clayton v Jetcrete Oz Pty Ltd serves as a reminder of the importance of credibility of and the reliability of…
The Medical Assessment Tribunal’s role in the WorkCover process: Is their decision always final?
The Queensland Industrial Relations Commission has held that the decisions of the Medical Assessment Tribunal are only ‘final’ if they relate to ‘medical matters’.
No “second bite of the cherry” for workers’ comp injuries rejected by Insurer
The Supreme Court of Queensland has held that workers who sustain multiple injuries cannot claim common law damages for injuries rejected by Insurer. In the case of Connor v Queensland…
Hall Payne secures work injury compensation settlement for injured rural electrician
After our client was injured during an electric arc flash, his employer refused to accept any responsibility. We commenced a claim for damages, and ended up settling the matter out…
Hall Payne Lawyers scores record $1.27m compensation for adverse action claim
After being awarded $630k for injuries sustained at work, our client was stood down by Rio Tinto. Along with the CFMEU, we alleged they took adverse action because our client…
Court calls out Rio Tinto’s “recalcitrance” in CFMEU member win
After almost three years of litigation, the Federal Court has identified Rio Tinto’s “disturbing level of recalcitrance” and “hollow” claims as CFMEU member wins compensation and a penalty of a…
Black Lung resurgence: seeking compensation and getting help
A 100% preventable disease, the resurgence of black lung is an outrage. That compensation for sufferers is being rejected should be an affront to us all. Decades after black lung…
Black Lung: What is it, and what can I do if I’m showing symptoms?
Decades after the disease was thought to have been eradicated from Australian coalfields, eight cases of black lung have been identified in the last year. What happens if you’re diagnosed,…
QLD Supreme Court rules on damages payable to minor following parents’ death
The Queensland Supreme Court has ruled that fund management fees are not to form part of damages payable where an amount is held on trust following the death of a…
CFMEU member wins long running case against Rio Tinto
The Federal Court has found that Rio Tinto, operator of the Hail Creek Mine, unlawfully victimised a worker and CFMEU member who had won a $630,000 damages claim against the…
Hall Payne Lawyers secures record $1.28 million injury compensation for electrician
The Queensland Supreme Court has awarded a former electrician in excess of $1.28 million in damages for injuries sustained in a motor vehicle accident on 1 July 2011. The judgment…
2015 in Review: Workers Compensation in Queensland
After a tumultuous period at the hands of the Newman Government, 2015 has seen significant changes to the legal framework for workers compensation in Queensland. As the year comes to…