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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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Abstract

Where a worker makes a claim for workers' compensation, employers may resist the payment of compensation on the basis that they have a defence. This article concerns the preliminary processes by which disputes about liability are raised and determined in Australian jurisdictions, with a particular focus upon the procedure that applies in Tasmania. The article first introduces the substantive legal context of the procedures discussed, dispute systems concepts and terminology. The claims-making processes across all Australian jurisdictions are described and compared. The peculiarities of the Tasmanian system then become the main focus, with consideration of its purpose, process, and significance. We conclude that the interlocutory process in Tasmania is a significant end point for injured workers' claims, despite the limited inquiry of as 81A hearing. This raises questions about the justice of the 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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