Medical Evidence in Motor Accident and Workers Compensation Claims Essentials
If you need to obtain or brush up on the essentials of either running or defending motor accident or workers compensation claims, then join this expert panel including members of the Personal Injury Commission, medico-legal specialists including a psychiatrist and orthopaedic specialist plus legal counsel who will walk you through the fundamentals of the medicine, the law, and how it all fits together. 228N03
Description
Attend and earn 4 CPD units including:
2 units in Substantive Law
2 units in Professional Skills
This program is based on NSW legislation
Chair: Marie Johns, Division Head, Motor Accident Division, Personal Injury Commission
9.00am to 9.20am Opening Address by the Chair
9.20am to 10.20am Fundamentals of Permanent Impairment in the CTP and Workers Compensation Cases
- Review of the AMA 4 guides
- Review of the SIRA guides methodology
- Critical review of impairment assessments
Presented by Dr Alan Home, Consultant Occupational Physician
10.20am to 11.20am AMA5 (&4) and the Treatment of Psychiatric Injury in Motor Accident and Workers Compensation Cases
Presented by Dr Brian Potter, Psychiatrist
11.20am to 11.35am Morning Tea
11.35am to 12.15pm Medical Assessments in the Personal Injury Commission
- The different ways the Commission deals differently with workers compensation and motor accident medical evidence; reviews/appeals
- Case update
Presented by John Harris, Legal Member, Personal Injury Commission
12.15pm to 1.15pm Marshalling the Medical Evidence
- What is needed from a medical witness, whether independent expert, treating GP or treating specialist
- How to brief a medical witness: the questions to ask
- When an expert may not be needed
- How to navigate conflicting evidence
Presented by Phillip Perry, William Deane Chambers
Presenters
Marie Johns
On 26 August 2020 Ms Johns was appointed as the Division Head of the Motor Accident Division of the Personal Injury Commission (PIC), which commenced on 1 March 2021. Ms Johns was previously appointed as the Principal Claims Assessor under the two CTP schemes in NSW (Motor Accidents Compensation Act 1999 and the Motor Accident Injuries Act 2017) in August 2018. Ms Johns’ career spans more than two decades across regulatory and service delivery, within government and the community. She has held various positions including at CARS and DRS, the Workers Compensation Commission, ILARS – WIRO, as an immigration lawyer with Brett Slater Solicitors, and DLA Piper (formerly Phillips Fox) and with Mid Hunter Community Housing Association. She is a current committee member of the NSW Chapter of Council of Australasian Tribunals (COAT). Admitted as a solicitor in February 2005, she holds a Degree in Law from Macquarie University and a Bachelor of Science (major in psychology) from the University of Newcastle.
Dr Alan Home
Dr Alan Home graduated in medicine at the University of WA in 1984. He completed training in Occupational Medicine in the United Kingdom in 1992 and his Fellowship of the Australian Faculty of Occupational Medicine of the Royal Australian College of Physicians in November 1993. He works as an occupational physician and independent medical examiner in Sydney, Brisbane, and Perth. He is an Approved Medical Specialist in WA and NSW. He is also a medical assessor for the NSW Motor Accident Authority. In his role as a member of the WorkCover Medical Committee he is asked to conduct regular peer review of medical reports. He provides training in the WorkCover WA Guidelines for the assessment of permanent impairment.
John Harris
John Harris is a Principal Member of the Personal Injury Commission. Prior to this appointment, he was appointed a sessional arbitrator in 2013 and subsequently a full-time arbitrator of the Workers Compensation Commission. The Principal Member was admitted as a Barrister in 1988 and practiced extensively in personal injury law prior to his appointment with the Workers Compensation Commission.
Phillip Perry
Phillip Perry has practiced extensively over a number of years in personal injury cases including in the High Court of Australia, New South Wales Court of Appeal, Supreme Court of NSW in its common law and equity divisions, NSW District Court, the former Compensation Court of New South Wales and in the PIC and its predecessor the Workers Compensation Commission. Some of the matters in which he has been retained as counsel are
- Berowra Holdings P/L v Gordon in which the High Court limited the operation of WCA sec 151C,
- Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Ltd, in which the NSW Court of Appeal considered the extent of the liability of a roads authority with reference in particular to CLA sec 45,
- Northern NSW LHN v Heggie, a frequently cited NSWCA pronouncement on WCA sec 151D,
- Blayney Shire Council v Lobley, the NSWCA’s authority on the operation of WCA sec 17,
- State of New South Wales v Bishop, in which the NSWCA considered the limitations on the entitlement to appeal from the then Workers Compensation Commission and
- Mercer v ANZ Banking Group Limited which, until the court’s later decision in Badawi was the NSWCA’s leading authority on the operation of WCA sec 9A.
Phillip regularly advises and appears for plaintiffs and for defendants in common law matters including WID claims, for workers and for employers in claims for statutory benefits.
Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
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