Workers Compensation and Motor Accident Claims
You wanted a timely and practical workers compensation and motor accident conference analysing the latest issues and we’ve delivered. Hear from the Personal Injury Commission and the Independent Review Officer about recent developments as well as pick up practical guidance on technical legal issues to take away and enhance your workers compensation and motor accidents practice. 243N39
Description
Attend and earn 7 CPD units in Substantive Law
This program is based on NSW legislation
Session 1
Workers Compensation Claims
Chair: Carmine Santone, Director, Santone Lawyers, Preeminent Workers Compensation Lawyers (Plaintiff) Doyles Guide 2023
9.00am to 9.45am Aggregation and Permanent Impairment
- impairment principles
- Aggregation
- Revisiting medical assessments
Presented by John Harris, Principal Member, Personal Injury Commission NSW
9.45am to 10.30am Independent Review Officer Annual Update
- Trends and issues raised in IRO Complaints and ILARS Grant applications
- ILARS Grants; significant funding decisions
- Responding to the ILARS Review
- IRO Inquiries; current areas of focus
Presented by Jeffrey Gabriel, Acting Independent Review Officer, Independent Review Office
10.30am to 11.15am 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
11.15am to 11.30am Morning Tea
11.30am to 12.20pm Work Injury Damages
- De facto "commutation"; merely a method for workers to exit the system; does negligence really play a part?
- Statutory preconditions
- 15% WIP
- Actual payment of compensation
- 3 year limit on commencement (s151D)
- Establishing negligence
- Effect of payment as a trigger to a refund of all past payments and to terminate future weekly benefits
- Proceedings in the Personal Injuries Commission and the District Court
- Types of negligence: safe system of work, vicarious liability for acts of co-worker(s)
- The particular position of psychiatric cases
Presented by Con Ktenas, Lawyer and Notary; Accredited Specialist in Personal Injury Law
12.20pm to 1.15pm Claims Involving Multiple Injuries at Work
- When is it considered more than one “injury”
- Consequential injuries/conditions and overuse
- Disease cases
- Multiple injuries in work injury damages claims
Presented by Jasmina Mackovic, Practice Leader, LHD Lawyers
Session 2
Motor Accident Claims
Chair: Paul Macken, Partner, Leigh Virtue & Associates, Recommended Workers Compensation Lawyers (Plaintiff) Doyles Guide 2023
2.00pm to 3.00pm Personal Injury Commission Updates
- Pathway
- Medical assessments update
- Publication of decisions
- The Stood Over List
Presented by Marie Johns, Division Head, Motor Accidents, Personal Injury Commission NSW
3.00pm to 4.00pm Practical Tips on Running a Motor Accidents Damages Claim
- Establishing a Non-Threshold Injury
- The Stood-Over List
- Impairment disputes and how to streamline them
- The latest decisions on economic loss
Presented by Tim Concannon, Partner, Carroll & O’Dea; Preeminent Work Injury Compensation Lawyers (Plaintiff), Doyles Guide 2023
4.15pm 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 Personal Injury Commission proceedings
- Practical guide to judicial review proceeding
Presented by Jnana Gumbert, Barrister, Jack Shand Chambers, Preeminent Insurance & Personal Injury Law Junior Counsel, Doyles Guide 2023
Presenters
Carmine Santone
Carmine commenced his career as a legal officer and claims manager with a leading insurance company, where he worked for approximately 4 years. Carmine was then admitted as a legal practitioner of the Supreme Court of New South Wales on 6 June 1997. He worked in private practice for a number of law firms, where he practised in a variety of jurisdictions, specialising in litigation. In 2004 Carmine joined a large national litigation practice as a Senior Associate and was responsible for successfully completing large-scale litigation. In 2007 he was given the responsibility of opening a new branch of the practice at Parramatta. Under his leadership, the Parramatta practice became a prominent venture in Western Sydney. In 2008, Carmine was awarded an Accreditation in Personal Injury Law by the Law Society of NSW. Accordingly, Carmine specialises in workers’ compensation, motor vehicle accident claims and public liability claims. Accredited Specialists are recognised by the Law Society as experienced and competent litigators. They must pass rigorous examinations testing their detailed knowledge, matter preparation, problem solving abilities and advocacy skills. Carmine can also assist in advising whether in addition to your compensation claim, you may have an additional claim if pursuant to your superannuation policy (for total and permanent disability or income protection). In 2011 Carmine was appointed to the Legal Aid Civil Law Panel. Carmine performs pro bono work for a number of organisations, including community legal centres, such as Marrickville Legal Centre. A centrepiece of Carmine’s practice continues to be the provision of pro bono work for disadvantaged members of the community who need legal assistance. Since admission, it is estimated that Carmine has successfully represented well over 3000 clients. Carmine enjoys baseball, golf and reading, but most of all, spending time with his family.
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.
Simon Cohen
Simon commenced as the Independent Review Officer for NSW workers compensation in February 2020. Previous to his appointment Simon was Deputy Secretary Regulation at the Department of Justice and Community Safety in Victoria. Simon has previously held appointments as the National Telecommunications Industry Ombudsman and Victoria's Public Transport Ombudsman. Simon is a graduate in law from the University of Queensland.
Craig Tanner
Craig Tanner commenced practice at the NSW Bar in 2012. In July of that year he was awarded the Chris Gee QC Memorial Prize for Advocacy and Evidence, for achievement in the Bar Practice Course and in the Bar Examinations. 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 that was established in 1996. He graduated from the University of Natal with a BA, LLB and LLM (awarded cum laude).
Con Ktenas
Con has over 36 years of experience in litigation in every jurisdiction. He is an Accredited Specialist in Personal Injury. He is a former long serving member of the Law Society Injury Compensation Committee, a current member of the Accredited Specialist Advisory Committee and the President of the Law Society’s Commercial Arbitration panel. Con is a Local Court Arbitrator and a former District Court Arbitrator. He is a former President of the City of Sydney Law Society. He has practised in all areas of personal injury litigation including workers compensation, work injury damages, total permanent disability (TPD), occupiers liability, professional negligence, medical/dental negligence, asbestos litigation ,institutional sexual abuse; and toxic torts litigation such ionising radiation and the herbicide “Roundup”.
Jasmina Mackovic
Jasmina Mackovic started her career working with Keddies for 8.5 years until they merged with Slater and Gordon Lawyers in 2011. Currently she is a Practice Group Leader overseeing ComCare, Workers Compensation, Motor Vehicle and Superannuation practices in the Ashfield and Liverpool offices.
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 37 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, and the personal injury specialist accreditation board of the Law Society of NSW.
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.
Tim Concannon
Tim joined Carroll & O'Dea Lawyers in 1994 and became a partner in 2001. Tim has been an Accredited Specialist in Personal Injury Law since 2000 and was an Assessor with the Claims Assessment and Resolution Service (CARS) from 2004 to February 20221. Tim was appointed Deputy Chair of the Injury Compensation Committee of the Law Society in 2020 and has been Chair of this Committee in 2021 and 2022. 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, insurance law, and administrative law (particularly in judicial review of administrative decisions within the NSW CTP scheme). She has over 20 years’ experience conducting personal injury litigation in the areas of motor accidents, medical negligence and civil liability. Jnana was awarded a Master of Laws (LLM) from the University of Sydney in 2009, focussing on the areas of tort law, healthcare law and administrative law. Jnana has been recognised by her clients and her peers as a preeminent Junior Counsel in New South Wales Insurance & Personal Injury Law (Doyle’s Guide 2020, 2021, 2022). 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, and was also a Law Society Accredited Specialist in Personal Injury Law and Assessor for Specialist Accreditation assessments. Jnana held the office of President of the NSW Branch of the Australian Lawyers Alliance from 2009 to 2015. She is a member of the Common Law Committee of the NSW Bar Association. She is a regular presenter at legal seminars and conferences, and has written many articles for publication in legal journals. She has also co-authored the Motor Accidents chapter of the Goudkamp and Morrison Personal Injury Law Manual NSW (Thomson Reuters) and The Law Handbook (Thomson Reuters).
Testimonials
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Venue
Cliftons - Margaret St
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia
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