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Court refuses application to have 130 week termination dealt with by Medical Panel

Tuesday, September 06, 2016

Mr Klein, a 53 year old truck driver, injured his knee and was on weekly payments of compensation. These payments were terminated by the Claims Agent, Allianz, on the grounds that he had received 130 weeks of weekly payments and that he had a work capacity, among other reasons.  Vocational assessments obtained by Allainz identified generally a number of jobs that might be suitable for Mr Klein including process worker/product assembler and kitchen hand.  

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Employer in breach of duty of care to prevent psychiatric injury

Wednesday, August 24, 2016

In a recent decision of the Supreme Court, an employer was found to have breached its duty of care to an employee to prevent a forseeable psychiatric injury to that employee by not putting in place measures to prevent the employee working excessive hours and by telling the employee to keep working after he had worked all night.

The employee was a manager in a rendering plant and had initially agreed to work long hours and to be on call 24 hours a day. However, a few years after commencing in that role, due to maintenance issues and staff reductions, his hours had steadily increased beyond what had originally been contemplated in the contract.

The Court said that the employer had a duty of care as the risk of the employee developing a psychiatric injury was reasonably forseeable to the employer in this case. This was because the employee had complained repeatedly to his superiors about not coping due to the inadequacy of maintenance support, staff shortages and his long hours; his presentation at work had changed from being jovial and happy go lucky to withdrawn; he had collapsed at work and told the work nurse that he had insomnia due to work stress and he had a prolonged absence from work. All of this should have put management on notice that there was a risk that the employee would develop a psychiatric injury because of his work conditions.

For more details see Roussety v Castricum Brothers Pty Ltd [2016] VSC 466 (18 August, Zammit J)

 

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Peninsula Injury lawyers is seeking a Paralegal

Wednesday, August 17, 2016

  

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Narre Warren Office

Thursday, August 04, 2016

Peninsula Injury Lawyers  has just opened a new appointment only office in Narre Warren. 

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Walk For Westernport

Thursday, April 28, 2016

Peninsula Injury Lawyers is a proud sponsor of the Dolphin Research Institute.

Join us on Sunday for the Institute’s Walk for Western Port 2016

Sunday, 1 May - Hastings Foreshore.

All money raised supports DRI's research and education programs.

http://www.dolphinresearch.org.au/support-us/events/

 

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Why its a good idea to get legal advice before Conciliation

Wednesday, February 17, 2016

I was recently asked to give a presentation to the Accident Compensation Conciliation Service and be part of a Panel discussing the role of lawyers in the Conciliation process. In my presentation I said that it was my opinion, that the sooner someone gets legal advice about their rights and entitlements, the better, and that in my view, the fact that many workers are now getting legal advice before Conciliation, is a good thing, especially for the workers. Generally speaking, this is because it is always better to get advice while the events surrounding an injury are fresh in the mind and while relevant witnesses can be contacted. The particular benefit of getting legal advice before Conciliation, is that people are simply much better equipped to make important decisions about their claim, after they have had a good long discussion with a lawyer about all of their possible rights and entitlements.  

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Bringing the law to the places you go

Monday, February 15, 2016

  

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Taking the law to the community

Monday, February 15, 2016

Peninsula Injury Lawyers is taking the law to the community over the next month and will be offering free personal injury advice.
 

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Magistrate finds Heart Attack while skiing linked to Work Stress - Compensation payable

Sunday, February 14, 2016

  

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Sleeplessness and Serious Injury

Tuesday, February 02, 2016

"I am so tired I can't concentrate" "I am irritable all the time because I wake several times at night because of my injury". These are common complaints I hear from clients who have serious injuries.  Sleeplessness caused by injuries is a relevant factor to consider when assessing whether an injury passes the serious injury test in work injury and transport accident cases in Victoria.
 

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