Learning to Live With COVID-19 - The Trolley Dilemma in Our Economy
How do we decide which industries are so essential that the risks of suspending operations outweigh the risk of using COVID-19 positive workers who can continue working?
Summerfield, Opioids and Rising Workers Compensation Premiums – What’s the Connection?
COVID-19 has taken headlines, but the opioid crisis is still with us, and business owners are warned of increased workers compensation premiums.
Obligations Under the Return to Work Act 2014 (SA): All for One, but Not Necessarily One for All!
South Australian Employment Tribunal confirms that section 18 of the Return to Work Act 2014 does not apply beyond the parties to the employment contract to other entities in a group of self-insured employers.
Workers Compensation, Health and Safety and COVID-19
The Work Health and Safety Act 2011 (Cth) (“the WHS Act”) and, in South Australia, the Work Health and Safety Act 2012 (SA) (“the SAWHS Act”) exist to ensure the health and safety of people in the…
Evaluating the Cause(s) of Impairments Comes Down to “Common Sense”
The Full Court of the Supreme Court of South Australia “doubles-down” on its reasons in Preedy but fails to articulate a straightforward test for determining the “cause” or “causes” of an impairment under the Return to Work Act (‘the Act’) and doesn’t address the meaning of “assessed together or combined” in section 28(8)(c) of the Act.
All for One and One for All!
South Australian Employment Tribunal finds that all members of a group under a licence of self-insurance are equally and severally liable for suitable employment obligations imposed by section 18 of all group members.
Staff Profile: John Walsh
A life-changing year In January 2014 John, as Managing Partner of Donaldson Walsh, was looking forward to continuing to guide his firm through the challenges of the rapidly evolving legal industry.…
Managing Your Workforce in a Stand Down
What are the implications for workers performing modified duties pursuant to the Return to Work Act?
The Opioid Crisis in Australia
In my article published in November 2019 in relation to the American experience of the opioid crisis and what it meant for Australia, I outlined the development of the crisis in America which in…
Assessor or Adjudicator?
Three recent decisions in the SAET have served to highlight the difficulty in remediating incorrect impairment assessments under the Return to Work 2014 (SA).
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DWFT Report
The DWFT Report is a comprehensive publication containing news, commentary and analysis of significant contemporary legal issues impacting the Australian business community.
