Workers Compensation and CTP Claims Conference
There’s a new Commission starting up on 1 March 2021 which will resolve both workers compensation and CTP claims. Hear from the Division Head, Motor Accidents, Personal Injury Commission about how it will work plus get an update on the latest updates and key developments in workers compensation and CTP claims including an update on WIRO and a medical expert discussion reasonably necessary treatment. 213N33
Description
Attend the full day and earn 7 CPD units
6.5 CPD units in Substantive Law
0.5 CPD unit in Professional Skills
This program is based on NSW legislation
Session 1
Workers Compensation Claims Update
Chair: Paul Macken, Partner, Leigh Virtue & Associates
9.00am to 10.00am Workers Compensation Case Update
A 12-month overview of significant decisions of the Supreme Court and Court of Appeal relating to issues arising under the NSW workers compensation legislation.
Presented by Craig Tanner, Barrister, Henry Parkes Chambers
10.00am to 11.00am The New Office of the Independent Review Officer
- A walk-through of the Officer’s role and functions
- The PIC Act Schedule 5 changes to WIRO
- The new Independent Legal Assistance and Review Service
Presented by Roshana May, Director, ILARS, Workers Compensation Independent Review Office
11.00am to 11.15am Morning Tea
Professional Skills
11.15am to 12.15pm Assessing Reasonably Necessary Treatment
- Injury
- Traumatic, serious, e.g. fractured femur
- Spinal injury
- Shoulders and knees
- Delayed onset
- ‘Consequential’
- Age and other comorbidities of the patient
- Proposed treatment
- Likely to be effective
- Likely to result in return to work
- Surgical
- Must have subsequent rehabilitation
- Must have high level of confidence that it will be beneficial to patient
- Other clinical management
- Physiotherapy
- Exercise physiology
- Self-managed
- Problems
- Further injury to affected part
- Delay
- Other clinical issues
- Cost effectiveness
- Over investigation and treatment
Presented by Dr Tim Anderson, Occupational Physician
12.150pm to 1.15pm The Nature of Appeals from the Workers Compensation Commission
- Establishing what is and what is not an error of fact or law
- What the High Court and Court of Appeal say about what is and what is not an error
- How to prove the incorrect exercise of discretion in decision making
Presented by Will Murphy, Partner, Bartier Perry; Recommended Workers Compensation Lawyers (Defendant) NSW Doyle’s Guide 2020
Session 2
CTP Claims Update
Chair: Warwick Reynolds, Barrister, 9 Windeyer Chambers, Recommended Professional Indemnity Junior Counsel NSW Doyle’s Guide 2020
2.00pm to 2.45pm Insights into Practising in the Motor Accidents Division of the New Personal Injury Commission
Presented by Marie Johns, Division Head, Motor Accidents, Personal Injury Commission
2.45pm to 3.30pm Common Law Claims Update
- Revisiting liability and contributory negligence decisions
- Claims assessment: requiring information, compelling witnesses to appear and conduct of the proceedings
- WPI assessments: s 7.23 and causation
- Status of assessments and exempt claims
Presented by Ian Jones, Partner, Sparke Helmore
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Statutory Claims Update
- Likely impact of the PIC on statutory benefit claims
- The latest on ‘minor’ injury
- Issues with recovery of costs on statutory benefit claims
- Discussion of recent DRS decisions
Presented by Tim Concannon, Partner, Carroll and O’Dea Lawyers; Preeminent Work Injury Compensation Lawyer (Plaintiff), Preeminent Motor Vehicle Accident Compensation Lawyers (Plaintiff) and Recommended Public Liability Compensation Lawyers (Plaintiff) Doyle’s Guide 2020
3.30pm to 3.45pm Afternoon Tea
4.30pm to 5.15pm Judicial Review in Motor Accident Cases: Recent Cases and Takeaways
- Recent decisions under the Motor Accidents Injuries Act 2017 and the Motor Accidents Compensation Act 1999
- The latest authorities on judicial review of DRS, CARS and MAS decisions
- Practical guide to judicial review proceeding
Presented by Jnana Gumbert, Barrister, Jack Shand Chambers; Preeminent Insurance & Personal Injury Junior Counsel NSW, Doyle’s Guide 2020
Presenters
Paul Macken
Paul Macken BA LLB is a partner of the firm of Leigh Virtue & Associates. He is an accredited specialist in personal injury law (since 1993) and has over 30 years' experience acting for workers and employers in work injury disputes. He has particular experience in representing a large number of self-insured employers in all types of work injury claims and in related industrial disputes. He is an honorary legal advisor to the NSW Self Insurers Association, the immediate past Chairman of the Medic-Legal Liaison Committee, a member of the Injury Compensation Committee, the Employment Law Committee and the personal injury specialist accreditation board of the Law Society of NSW.
Warwick Reynolds
Warwick Reynolds has had extensive experience in all jurisdictions from the Local Court to the High Court and he continues to practise in those jurisdictions. Warwick appeared in the High Court in a number of leading common law cases including Brodie/Ghantous v Singleton Shire Council on misfeasance/nonfeasance and Hollis v Vabu Pty Ltd on vicarious liability. Warwick regularly appears in the District and Supreme Court and frequently in the Court of Appeal. He often appears in country circuits as well as in the ACT.
Craig Tanner
Craig Tanner commenced practice at the NSW Bar in 2012. s. He was an Arbitrator at the Workers Compensation Commission from the time of its inception 2002 until mid-2013, and conducted arbitrations and sat as a member of Medical Appeal Panels. Between 2002 and 2008 he practised as a solicitor in the Employment and Industrial Law section of Maurice Blackburn. From 1987 to 2001, he was a labour lawyer in South Africa, acting for trade unions and employees, and appearing for them in courts and tribunals. He also acted as an arbitrator and mediator appointed by the parties, and sat as a Commissioner in the statutory industrial commission.
Roshana May
Roshana has over 30 years’ experience as lawyer, partner, practice group leader and legal profession spokesperson in personal injury law with a particular focus on statutory compensation schemes. She is considered by her peers as a subject matter expert in workers compensation law and practice. In her current role as Director of the Independent Legal Assistance and Review Service at the Workers Compensation Independent Review Office Roshana oversees funding of independent lawyers for injured workers in the workers compensation scheme. Roshana is a member of the Injury Compensation Committee and Specialist Accreditation Committee of the Law Society of NSW.
Will Murphy
Will provides expert advice to clients defending civil claims and criminal prosecutions for industrial accidents. In doing so, he draws on over 30 years’ experience in civil and criminal industrial accident law. He practices in workers compensation and work health and safety. Will was one of NSW’s first accredited specialists in personal injuries law. He has first-hand experience of the way personal injuries law has evolved and has gained experience in a wide variety of cases. He has also written extensively on workers compensation, analysing the way different schemes operate across Australia.
Ian Jones
Ian Jones is a Partner in Speake Helmore Lawyers' compulsory third party team. With over 20 years' experience, Ian has acted for all of the CTP insurers in NSW and CTP insurers in the ACT and Queensland advising on a variety of complex motor vehicle insurance claims. Ian is also a committee member of the Law Society of New South Wales' Injury Compensation Committee. Ian has been involved in consultations with the NSW Government's CTP reform reference panel in relation to the proposed CTP reform in NSW as well as draft submissions on behalf of the Law Society of New South Wales.
Tim Concannon
Tim joined Carroll & O'Dea Lawyers in 1994 and became a partner in 2001. Tim has been a Law Society Accredited Specialist in Personal Injury Law since 2000 and an Assessor with the Claims Assessment and Resolution Service (CARS) since 2004. Tim has also been a member of the Law Society's Injury Compensation Committee since 2008 and was appointed Deputy Chair of this Committee in 2020. He has played a leading role in drafting submissions to government agencies relevant to various areas of personal injury law and appeared on behalf of the Law Society at a number of government inquiries into the functioning of the workers compensation and motor accident schemes.
Jnana Gumbert
Jnana Gumbert has an extensive practice in the areas of common law, administrative law and insurance law. Prior to being called to the Bar in 2012, Jnana was a litigation solicitor for over 6 years and a Director of Stacks/Goudkamp Lawyers. She has over 19 years’ experience conducting personal injury litigation in the areas of motor accidents, civil liability and medical negligence. Since coming to the Bar, she has also worked extensively in the area of administrative law, particularly judicial review of administrative decisions within the NSW CTP scheme. She is co-author the Motor Accidents chapter of the Personal Injury Law Manual (Goudkamp & Morrison), and the Thomson Reuters Law Handbook.
Dr Tim Anderson
Dr Anderson spent ten years in the British Military and commenced studying medicine as a mature aged student. He immigrated to Australia in 1982 and spent five years in the regular Royal Australian Navy and 25 years in the Reserve. Dr Anderson’s has a significant interest in and major involvement in diving and underwater medicine. IN 1986 he moved into the field of occupational medicine and become the Chief Medical officer with the NSW Police in 1987. In 1992 he moved into private practice.
Marie Johns
Marie Johns is the inaugural Head of the Motor Accidents Division of the Personal Injury Commission. Ms Johns has a strong legal background across motor accidents, workers’ compensation and the private sector. She has been with SIRA since late 2013 as an internal Claims Assessor, and most recently acting in the PCA role. She has held positions in the Worker Compensation Commission as a Senior Legal Officer (Legal and Medical Team) and Research Associate to the Deputy President, and as a Principal Lawyer for the Independent Legal Assistance and Review Service (ILARS) at the Workers Compensation Independent Review Office (WIRO).
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates