WorkCover and TAC Statutory, Serious Injury and Common Law Claims
Issues covered include: TAC, TAC statutory, WorkCover, WorkCover statutory, psych injuries, psychiatric impairment, serious injury, Workplace Injury Rehabilitation and Compensation Act, Medical Panel, serious injury applications, damages awards, damages
Description
Don’t miss this focused seminar for all personal injury stakeholders interested in motor vehicle or workplace injuries, with a dedicated morning session given over to a statutory benefits update and then the afternoon intensive starting off with a presentation from His Honour Judge Misso on Serious Injury Applications, followed by a review of serious injury and common law claims. You will receive year-to-date updates and valuable practice and procedure know-how from a diverse and balanced speaking panel
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills
This conference was recorded in VIC on 20 March 2019
Session 1
Statutory Benefits Update
Chair: Richard McGarvie QC, Lennon’s List Barristers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: TAC Statutory Benefits Year-to-Date Developments
Review of recent legislative amendments and the most important recent statutory TAC decisions along with the developments to TAC policy, protocols and guidelines that are relevant for your practice.
Presented by Megan Caines, Senior Associate, Polaris Lawyers; Recommended Motor Vehicle Accident Compensation Lawyer, Doyle’s Guide 2017
9.50am to 10.35am: WorkCover Statutory Benefits Update
Analysis of recent decisions relevant to WorkCover statutory benefits in Victoria.
Presented by Jenny Forti, Principal Lawyer, Gordon Legal; Accredited Specialist in Personal Injury Law
10.35am to 11.20am: Psych Injuries in WorkCover and TAC
- Impairment assessments under the Guide to the Evaluation of Psychiatric Impairment for Clinicians
- Establishing ‘serious injury’ pursuant to the narrative and loss of earning capacity tests
Presented by Geoff Smith, Senior Associate, Zaparas Lawyers; Accredited Specialist in Personal Injury Law
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Who is and isn’t the Worker: Contractors and Self Employed
The question of who is a worker for the purposes of the Workplace Injury Rehabilitation and Compensation Act 2013 only arises from time to time. When it does, however, it frequently gives rise to complex and difficult litigation (despite the Hanks review amendments).
- The pre-Hanks review provisions, together with the Hanks review amendments
- Consider in detail the common law test, including an overview of the leading cases, including Hollis v Vabu, On Call Interpreters & Translators v Commissioner of Taxation and Elazac v Sherriff
- Examine each of the deeming provisions, the main provisions (cl 8 and 9) in detail, and include an overview of the leading cases, including the recent decision of the Court of Appeal in BSA v VWA
- Examine some of the Acts, such as the Juries Act, that create an entitlement to WorkCover or WorkCover-like benefits
Presented by Andrew Saunders, Barrister, Lennon’s List
12.20pm to 1.05pm: Reviewing Medical Panel Opinions
Discuss judicial review of Medical Panel opinions, including:
- Grounds of review
- How and when to challenge an opinion
- Red flags to look out for
Presented by Fiona Spencer, Barrister, Greens List Barristers
Prepared by Stella Gold, Barrister, Lennon’s List
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Serious Injury and Common Law
Chair: Richard McGarvie QC, Lennon’s List Barristers
Professional Skills
2.00pm to 2.45pm: INSIGHTS FROM THE BENCH: Serious Injury Applications: Guidance from the Bench
His Honour Judge Philip Misso, County Court of Victoria
Professional Skills
2.45pm to 4.00pm: WORKSHOP INTENSIVE: Preparation of Serious Injury Applications for TAC and WorkCover
This session will make you rethink your strategies regarding WorkCover and TAC Serious Injury Claims applications by reviewing potential gaps and traps for practitioners in the approach taken and evidence presented.
- Major pitfalls
- How to establish and maximize economic loss prospects?
- Medical evidence required
- Dealing with credit, causation, disentanglement and ‘range’ issues
- Strategies for maximising your client’s prospects
Presented by Craig Sidebottom, Barrister, Lennon’s List
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Common Law: Damages and Other Recent Trends
Consider recent trends in damages awards and other significant developments in the common law.
Presented by Michelle Britbart QC, Greens List Barristers and Fiona Ryan, Barrister, Greens List Barristers