Workers Compensation Intensive
Examine key cases and scrutinise Workers Comp claims from both sides. Attend and gain not only an update on recent important workers compensation cases and an in-depth analysis of the treatment of psychological injuries but also the duty of care arising from the decision of Kozaro. Upskill with the inclusion of presentations that provide guidance on developing a strategy at the commencement of a workers compensation claim and an examination of defences such as serious and wilful misconduct. 2211W03
Description
Attend and earn 4 CPD points including:
1 point in Competency Area 2: Professional Skills
3 points in Competency Area 4: Substantive Law
This program is based on WA legislation
Chair: Stephen Williams, Partner, Moray & Agnew
9.00am to 10.00am Workers Compensation Case Law Update
A review of the Western Australian Appellate decisions in the past 12 months.
Presented by Robert McCabe Barrister, Albert Wolff Chambers
10.00am to 11.00am Employer’s Liability for Psychiatric Harm: Analysis of the Recent High Court Decision of Kozarov v State of Victoria [2002] HCA 12 and Legal Implications
- Summation of liability for psychiatric harm
- Analysis of High Court decision Koehler v Cerebos (Australia) Ltd [2005] HCA 15; (2005) 222 CLR 44 (“Koehler”)
- Criticism by the High Court of the incorrect interpretation of the Koehler Test and ‘unduly complicated’ presentation of the case in Kozarov
- Legal implications of the Kozarov decision for employers as to safe- guarding psychiatric wellbeing of employees in the workplace
Presented by David Burton, Partner, McCabes; Leading Workers Compensation Lawyers (Defendant), Doyles Guide, 2021
11.00am to 11.15am Morning Tea
Professional Skills
11.15am to 12.15pm Development of Strategy at the Commencement of a Workers Compensation Claim
- Get your claim off to the right start
- Keep your claim on track
- Avoiding pitfalls and traps
Presented by John-Paul Wilson, Principal, Gilchrist Connell
12.15pm to 1.15pm Worker’s Approach to an Insurers Defence to a Workers Compensation Claim
- Section 14; Serious and willful misconduct
- Psychological injury; sections 5 and 5(4)
Presented by Rebecca Sorgiovanni, Director, Soul Legal
Presenters
Stephen Williams
Stephen has been working in the areas of workers’ compensation, compulsory third party, dust diseases and liability insurance for over thirty years. He also has an interest in workplace health and safety. Stephen’s practice largely consists of advising self-insurers and employers on their workers’ compensation claims and injury management. He also has an asbestos litigation practice and now is advising on silicosis claims arising out of the artificial stone industry. Stephen joined Moray & Agnew from Kott Gunning in late 2021 where he had been the firm’s deputy managing partner and managing partner Stephen strives to provide his clients with cost effective and commercial legal advice written in plain English. Stephen has been recognised as a leading lawyer by Doyle’s’ Guide and Best Lawyers Australia. He was named Western Australia Insurance Lawyer of the Year’ by Best Lawyers in 2019.
Robert McCabe
Robert McCabe was admitted as a practitioner of the Supreme Court of Western Australia in 2008, and joined the Bar in 2013. Robert's practice has been predominantly in personal injury litigation. Robert has represented individuals and employers in various Courts and Tribunals including Work Cover WA, the Administrative Appeals Tribunal, the District Court and the Western Australian Court of Appeal.
David Burton
David Burton practised as a Barrister at the Cape Town Bar in civil and criminal litigation during the height of turbulent apartheid years in South Africa. David emigrated to Perth in 1986 and was an insurance partner at the national insurance law firm, Phillips Fox, for 10 years, where he headed up to the workers compensation department and established a substantial defendant personal injury insurance practice. David joined Norm Srdarov and Graeme Richards to establish, as a founding partner, Srdarov Richards Burton, in 1999, and then rebadged SRB Legal, a specialist insurance law firm. On 1 July 2020 SRB Legal joined and became part of a national law firm, McCabes. David is a highly experienced mediator, having settled 100s of personal injury claims for insurers and self-insureds, but is also an experienced Trial Counsel, regularly appearing as SRB Legal/McCabes In-House Counsel. David has successfully appeared as Counsel in defending claims in the High Court, Appeal Court, Supreme Court, District Court as well as the WorkCover Tribunal over the last 30 years. David is widely regarded as a leading practitioner in personal injury, CTP and catastrophic injury claims in Western Australia. David has over two decades experience in acting as Trial Counsel for the Insurance Commission of Western Australia (ICWA) in the defence of CTP, catastrophic, psychiatric, workers compensation, public liability and employer common law claims. David has consistently been recognised as a pre-eminent defendant CTP and personal injury lawyer in the Doyle Guide rankings from 2016 – 2021. Outside of the law, David is an avid reader, Rugby Union tragic and passionate surfer. He loves the waves in the Yallingup area, and travelling with his wife to tropical surf locations, where the water is warm, the sharks are small and vegetarian.
John-Paul Wilson
John-Paul Wilson is a Principal of Gilchrist Connell, and has practised in the area of insurance law and litigation almost exclusively since commencing Articles in 1992. He has more than 25 years' experience in acting for insurers, self-insured, and insured in the defence of workers' compensation claims, employers' indemnity claims, public and product liability claims, property damage claims and others. He has represented insurers and insured in complex indemnity disputes, including acting for the successful insured in the unanimous decision of the High Court in Matthew Maxwell (on behalf of various Lloyds Underwriters) v Highway Hauliers Pty Ltd [2014] HCA 33. He has also acted in pursuit of recoveries (workers' compensation, property damage, etc.) on behalf of insured and self-, insured. He is the co-author of the most recent update of the 'Workers Compensation - Western Australia' chapter of Halsburys Laws of Australia. In the most recent Doyle's Guide 2018 he was listed as a Preeminent Workers Compensation Lawyer and Recommended Dust Diseases Lawyer.
Rebecca Sorgiovanni
Rebecca is a co-director at Soul Legal which firm had its inception in 2018. Prior to that she spent 10 years as Principal at Sorgiovanni Legal. Rebecca has worked for both Plaintiff and Defendant firms in Personal Injuries and Insurance law, since being admitted in 1998. Rebecca has previously been involved in the Australian Plaintiff Lawyers Association, WA Branch (now known as the Australian Lawyers Alliance) as head of the Education Committee and as Branch Secretary arranging CPD events, lobbying and assisting in arranging State Conferences. Rebecca is a registered family law mediator and a believer in alternative dispute resolution. At Soul Legal Rebecca and Kevin aim to combine strong litigation skills with a client focused approach, preferring cost effective holistic solutions where possible.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.