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Processes for disputing liability to pay workers’ compensation for psychological injury

Rundle, O ORCID: 0000-0002-1297-9688, Woods, M ORCID: 0000-0002-6462-7692 and Michaelson, L 2018 , 'Processes for disputing liability to pay workers’ compensation for psychological injury' , Journal of Civil Litigation and Practice, vol. 7, no. 2 , pp. 105-130 .

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Where a worker makes a claim for workers' compensation, employers mayresist the payment of compensation on the basis that they have a defence.This article concerns the preliminary processes by which disputes aboutliability are raised and determined in Australian jurisdictions, with a particularfocus upon the procedure that applies in Tasmania. The article first introducesthe substantive legal context of the procedures discussed, dispute systemsconcepts and terminology. The claims-making processes across all Australianjurisdictions are described and compared. The peculiarities of the Tasmaniansystem then become the main focus, with consideration of its purpose,process, and significance. We conclude that the interlocutory process inTasmania is a significant end point for injured workers' claims, despite thelimited inquiry of as 81A hearing. This raises questions about the justice ofthe workers' compensation system within the context of psychological injury.

Item Type: Article
Authors/Creators:Rundle, O and Woods, M and Michaelson, L
Keywords: workplace injury, workers compensation, process, dispute psychological injury
Journal or Publication Title: Journal of Civil Litigation and Practice
Publisher: Thomson Reuters (Professional) Australia Ltd.
ISSN: 1839-4574
Copyright Information:

Copyright 2018 Thomson Reuters (Professional) Australia Limited

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