Association of Self Insured Employers of Queensland: working together with Queensland’s stakeholders
Conference outline
8.00am Arrival and registration
8.30am Welcome | Victoria Barham, WOW Care Manager Queensland, Woolworths Limited Mark Wiemers (MC), Partner, DibbsBarker
8.40am How the experts function... | MLCOA Specialist Medical Panel: Dr Matthew Paul, Consultant Occupational Physician and Dr Bradley Ng, Consultant Psychiatrist The specialist panel will touch on everything from assessment of work capability and potential to acceleration injuries, from preexisting vulnerabilities to work-related causation and more
9.30am Managing injured workers - in sickness and in health? | Trent Forno, Partner, Minter Ellison Rehabilitating injured workers - tension between employers' and officers' safety obligations | Mark Curran, Special Counsel, DibbsBarker
10.10am Why not an occupational physician? | Dr Steven Goode, Occupational Physician Assessing functional capacity and causation in work related incidents, and other skills of occupational physicians.
10.40am Morning tea
11.00am Thinking "outside the box" - innovative solutions to workplace return | Jackie Harward, Accredited Exercise Physiologist, KINNECT
11.30am The long and winding road to recovery | Panel: Justin Crowley, Qld Self Insurance Manager, Toll Group; Brett Solomon, Partner, DibbsBarker; Donna Valiant, Physiotherapist, Catalyst Injury Management; Louise Johnson, Regional HR Manager, Woolworths Limited and Glenn Adams, Corporate Safety Manager, Brisbane City Council
12.20pm Redefining outcomes through strategic resolution initiatives that you won't find in the book | Bill Nevin, Manager, XtraCare, Xstrata Queensland Limited
1.00pm Lunch
2.00pm Prevention and rehabilitation of psychological injuries: pitfalls and bridges to wellness | Chris Foley, Principal Consultant, ARPA and Strive Occupational Rehabilitation and David Whittingham, Psychologist, Consortia and PsyCare
2.45pm Management action - where HR and OHS collide | Terry Killian, Partner, DibbsBarker
3.20pm Closing comments
3.30pm Afternoon drinks
Who should attend?
Workers' compensation professionals, rehabilitation and injury management providers, return to work coordinators, human resources managers and health and safety representatives.
Get your RRTWC Re-Certification!
Attendance at this full day conference will entitle you to receive three years RRTWC re-certification.
The conference will cover issues in relation to workers' compensation, claims management, workplace rehabilitation, industrial relations and workplace health and safety.
If you require RRTWC re-certification, we will arrange a letter to confirm your attendance upon completion (as evidence for Q-Comp auditing purposes).
Attendance at the conference is free of charge. Morning tea, lunch and afternoon drinks will be provided. Please advise if you have any dietary requirement at the time of registration
Have your say on Work Health and Safety for the next decade
With only two weeks left until the public comment period closes workers, employers and policy makers across Australia are reminded to have their say on work, health and safety for the next decade.
The Australian Work Health and Safety Strategy 2012-2022 will identify priority industries and set key targets and objectives for the progression of work health and safety in Australia for the next ten years.
Chair of Safe Work Australia, Mr Tom Phillips AM urged all interested Australians to be actively involved with the development of this strategy.
"Safe Work Australia is seeking your views to develop a practical, overarching strategy with targets that all Australian workplaces can and should aspire to achieve," said Mr Phillips.
"While much has been achieved to improve work health and safety there is still more that can be done in the next decade to help reduce the harsh reality of poor work health and safety practices.
"It is not the size of the organisation that makes a difference to work health and safety but the level of commitment and dedication.
"As this year's Safe Work Australia Awards' winner for the nation's best workplace health and safety system in a small business South Australia's The Hub Fruit Bowl demonstrates, businesses of any size can improve work health and safety and make a difference to working Australians.
"I encourage all those interested regardless of business size and industry to have their say on the future of work health and safety reform in our nation."
Public comment on the Australian Strategy closes on Monday 21 May 2012. The draft Australian Strategy is the result of months of extensive consultation with workers, unions, employers, employer associations, community groups and other key stakeholders.
The ultimate vision of the strategy is for 'healthy, safe and productive working lives by 2022'.
To find out more about the Australian Strategy or to provide comment go to www.safeworkaustralia.gov.au.
The Australian Work Health and Safety Strategy 2012-2022 will be launched later this year.
Safe Work Australia media enquiries
Phone: 0434 664 294
Email: mediaenquiries@safeworkaustralia.gov.au
Queensland industry leading Australia in safe work initiatives
Two Queensland companies have won major national awards for their innovative efforts in developing safe working environments.
Attorney-General and Minister for Justice Jarrod Bleijie MP congratulated ENERGEX and the Australian Reinforcing Company (ARC) for outshining finalists from across Australia to win first place in their categories at the 2012 Safe Work Australia Awards.
Mr Bleijie said he hoped the win would inspire more businesses to share their workplace health and safety initiatives and successes with industry.
"Both ENERGEX and ARC were winners at last year's Queensland Safe Work Awards, making them automatically eligible for the national awards in Canberra last night," Mr Bleijie said.
"The Safe Work Australia Awards acknowledge excellence in workplace health and safety at a government, organisational and individual level.
"These two Queensland companies won two of the six category awards, in a field of 36 finalists from a wide range of industries that all showcased inspiring and useful initiatives and solutions."
Energy distributor ENERGEX won the award for the Best workplace health and safety management system.
The Australian Reinforcing Company won its award for Best solution to an identified workplace health and safety issue.
To enter the national awards, participants must be a winner in their respective category in the state, territory, Seacare or Safety, Rehabilitation and Compensation Commission (SRCC) level awards.
Woolworths North Lakes Manager, Jodie Boardman was last year named as a finalist in Q-COMP's Return to work Awards 2011 for her commitment to getting back to work after she suffered a back injury in 2009 which was compounded following a car-crash later that same year.
The Return to work Awards is the only event in Queensland that celebrates the achievements of injured workers who get back to work, along with the employers, case managers, rehabilitation and return to work coordinators and health providers who work tirelessly to help them reach their goals.
Jodie had been working as a Manager at Woolworths North Lakes for two years, when she injured her back stocking shelves. The pain started off as a twinge and got progressively worse until Jodie had to undergo surgery.
The surgery was a huge success, with Jodie feeling almost no pain from the injury - however later that year, Jodie was involved in a car accident which undid all the good work of the operation.
Jodie describes the pain as "worse than childbirth" but she was determined to get back to her old life as quickly as possible, and following another operation she started her rehabilitation, eventually returning to work on limited duties and then finally to full time.
Jodie still isn't completely recovered and misses being able to pick up her daughters and get down on their level, but every day brings improvement, and Jodie credits an amazing support network of family and friends, as well as her employer, Woolworths North Lakes, for her recovery.
"Woolworths has been excellent; I can't fault them. I believe that whatever you give, it will always come back to you eventually. I gave my job 110% and so they wanted to give back to me when I really needed it. I would phone them on a daily basis, just so I could talk, because I was lonely at home. I just wanted to go back to work, I missed being at work doing my job, I wanted to get back as soon as I could.
There are people at work who do care for you and want you to come back to work, and I believe if you work with them they'll work with you. "
Be inspired by Jodie's story. The 2012 Awards are now open - nominate yourself, a colleague or industry partner for a Return to work Award 2012. Nominations close 8 June 2012. Go to qcompconference.com.au for more information and to nominate.
Watch Jodie's story here.
Q-COMP's Return to work Awards 2012 are now open for nominations. The Awards recognise and reward outstanding efforts in assisting injured workers to return to work. With categories for Case Managers, Rehabilitation Coordinators, Employers, Injured Workers and Health Providers, there is an opportunity for you nominate yourself or other industry colleagues, and be in the running to win up to $2000 in prize money.
Nominating someone takes less than a minute at qcompconference.com.au or by calling 1300 389 177. Show someone you appreciate their efforts, or share your own initiatives by nominating today. Nominations close 8 June 2012, with finalists announced in July, and winners recognised at the Return to work Awards ceremony at the conclusion of the Conference and Expo on 30 October 2012.
|
The following are Insurance Alerts issued by Dibbs Barker for the inforation of members
20 March 2012
PIPA costs - when the plaintiff's liability arguments fail to impress the court
This recent Queensland District Court decision considered a defendant's ability to recover costs of a claim brought pursuant to the provisions of the Personal Injuries Proceedings Act 2002 (PIPA) against an unsuccessful plaintiff . . .more.
14 March 2012
Possibilities, probabilities and pre-existing Injuries: a refresher on principles of causation
A common question in personal injuries matters is what impact, if any, a pre-existing condition suffered by a plaintiff will have on a plaintiff's damages claim . . .more.
PIEF are very pleased to launch our inaugural annual report.
2011 was a jam-packed year with many highlights and successful outcomes and the annual report allows us to reflect on our achievements and where we are headed in 2012.
Included in the report is:
You can download the Annual Report here. We hope you enjoy the read.
Implications
This case, in which DibbsBarker successfully represented the defendant employer, highlights that inconsistencies in the recollection of past events will not necessarily affect the credibility of a witness.
This is the case if circumstances are such that the witness might not reasonably be expected to have a precise recall of the events. On the other hand, a claimant who provides misleading information to an expert or specialist in circumstances where they know that the information will be relied upon in preparing evidence to be admitted in litigation, risks being discredited.
This is not only in relation to the matters about which they were dishonest, but in relation to their evidence generally.
In discussing the evidence, the court also noted that matters with respect to which the plaintiff gave evidence during examination in chief were not put to the defendant's witnesses on cross examination. This suggests that parties should be mindful of the inferences which may be drawn in relation to issues which are not put to the opponent's witnesses.
Facts
Bradley Hannah (the plaintiff) claimed damages from his employer, Barellan Bobcat Hire Pty Ltd (the defendant), for personal injuries allegedly arising from an assault by Derk Houwen (Derk) and his mother, Karen Houwen (Karen). These injuries occurred during an incident which occurred at the defendant's office on 8 July 2008.
The defendant company had 200 issued shares, half of which were held by Reinder Houwen (the sole company director) and half of which were held by Karen. Karen was the company secretary.
The company had only three employees: Karen, Derk and the plaintiff.
The plaintiff alleged that while he was engaged in a heated discussion with Karen, Derk entered the company's office and instigated a physical altercation.
At one point during the scuffle, Derk purportedly held the plaintiff in a headlock on the ground while Karen repeatedly struck the plaintiff with a golf club (or otherwise) on the back of his head, his back and his right hand.
The events which gave rise to the plaintiff's claim were strongly disputed by the defendant. Derk alleged that after asking the plaintiff to calm down and "talk about this", the plaintiff head-butted Derk which initiated the physical exchange wherein both men fell to the floor with Derk holding the plaintiff in order to protect himself. Derk denied the plaintiff's allegation that Karen had repeatedly struck the plaintiff with a golf club. His testimony was consistent with his mother's account.
The claim for damages was pleaded on two grounds: that the defendant was liable for the acts of Derk and Karen "who, at all material times, represented the directing mind and will of the corporation"; and/or that the physical and mental injuries sustained by the plaintiff were caused by the negligence, breach of contract and/or breach of statutory duty of the defendant.
In light of the disputed facts, both parties sought to challenge the credibility of their opponent's key witnesses at trial. The cross-examination of Karen focused on inconsistencies in a statement she had made annexing a series of telephone calls made by her and others after the incident. The defendant sought to discredit the plaintiff by drawing attention to his dishonesty during two psychiatric examinations when he had provided a false history regarding his use of illicit drugs.
Decision
Martin J rejected the plaintiff's version of events and dismissed his claim against the defendant. Relying upon the testimony of Derk and Karen with respect to the circumstances of the altercation, his Honour concluded that the injuries sustained by the plaintiff were no more than the consequences of his own actions. As a result, the trial judge found it neither necessary nor desirable to consider the legal issues put forward in the pleadings.
In assessing the reliability of the witnesses, Martin J opined that the inability of Karen to identify certain telephone calls on record was not a matter that went to her credit because it would be unlikely that anyone would recollect the precise nature of every conversation immediately following a traumatic event.
On the contrary, the trial judge was highly critical of the plaintiff's deceitful conduct prior to trial. In particular, his Honour noted that the plaintiff knew that the psychiatrist's reports would be used in the litigation and thus any explanation was nothing more than a "flimsy self-justification designed to evade the consequences of his dissembling behaviour".
The trial judge also acknowledged that none of the accusations involving physical violence or verbal abuse by Derk or Karen, which were drawn from the plaintiff in examination in chief, were put to the defendant's witnesses during cross-examination. Furthermore, his Honour found that the plaintiff's allegations were not supported by the photographic and/or medical evidence. Accordingly, Martin J concluded that the plaintiff's accounts had an "air of unreality to them".
In light of Martin J's factual findings, he did not find it necessary to determine: whether the conduct of the company secretary could be attributed to the company, or whether the company was vicariously liable for the actions of the co-worker.
In relation to these issues, the defendant had submitted that a finding in favour of the plaintiff with respect to attribution and/or vicarious liability would have been irreconcilable with the decisions in Deatons P/L v Flew (1949) 79 CLR 370, Presidential Security Services of Australia P/L v Brilley [2008] NSWCA 204 and Howard v State of Queensland (2001) 2 QdR 154. This is because the plaintiff did not establish a connection between the actions of Derk and Karen, and the performance or execution of the defendant's business.
For more information on this case, please contact:
Terry Killan | Partner T +61 7 3100 5108 F +61 7 3100 5001 E terry.killan@dibbsbarker.com Mark Wiemers | Partner T +61 7 3100 5159 F +61 7 3100 5001 E mark.wiemers@dibbsbarker.com
We hope you find our report informative and helpful in learning about our performance and achievements throughout the year.
WorkCover provides workers' compensation insurance for Queensland employers, compensating and helping workers with their work-related injuries. We work hard to be a customer focussed insurer, and aim for insurance excellence. Our strategy is simple: build lasting, valued relationships with our customers and stakeholders. This means understanding and meeting customers' needs and evolving our business processes to suit these needs.
WorkCover is committed to clear and open lines of communication with our customers and stakeholders. This annual report provides a comprehensive record of our financial and non-financial performance for 2010-2011.
Under the Workers' Compensation and Rehabilitation Act 2003, WorkCover is required to produce an annual report. However, we aim to go beyond this requirement and deliver reliable information to meet the needs of our customers: employers and workers, as well as stakeholders including:
We encourage feedback on this annual report via either the feedback link in the footer of each page, email to info@workcoverqld.com.au or by telephone on 1300 362 128.
WorkCover is committed to providing accessible services to Queenslanders from all culturally and linguistically diverse backgrounds. If you have difficulty in understanding the annual report, you can contact us on 1300 362 128 and we will arrange an interpreter to effectively communicate the report to you.
Access the fill report here
login
