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This update looks at the latest legal developments affecting self-insurers and claims agents in Victoria. In this issue we look at:

Pain and restriction enough for a claim

The decision of Avery v Victorian WorkCover Authority [2017] VCC 739 has confirmed that reporting constant pain, along with restriction on recreation, grooming and household activities is sufficient to bring a claim for pain and suffering against WorkCover. Read more...

Clarity of a matter

The case of Quigg v Northend Carpentry [2017] has clarified the appropriate timeframe for calculating a worker's pre-injury average weekly earnings should be 12 months before the date of injury, rather than 12 months before incapacity. Read more...

A "remote possibility" of factual causation

The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103 is a reminder that a forensic investigation should be conducted before making a workers' compensation claim. This is particularly important in determining whether factual causation can be met between a worker's injury and an employer's negligence. Read more...

Evidence inconsistencies not enough to stop a claim

The decision of Le v Victorian WorkCover Authority [2017] VCC 920 is an interesting example of a workers' compensation claim, which highlights that if the reliability of a plaintiff is an issue, this will not necessarily mean their evidence will be brought into question. Read more...

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