Workers Compensation and Motor Accident Claims Update

This is your opportunity to finish 2024 with a roundup of Workers Compensation and Motor Accident law with a comprehensive consideration of significant changes at the Personal Injury Commission and an update from the Independent Review Officer, as well as practice and procedure, legislation and case law updates. Hear directly from the Personal Injury Commission and the Independent Review Officer. All in one day.

Thursday, 14 November 2024
11.45am to 12.35pm “Lumpies”: All You Need to Know About Section 66 Claims and Lump Sum Death Benefits

 

  • The big three: 11%, 15%, 21%
  • Top up claims and threshold disputes: can you really only have one bite of the cherry?
  • Apportionment of death benefit claims
  • Where does the money go when there are no dependants?

Presented by Jodie Magee, Barrister, Sir Anthony Mason Chambers

12.35pm to 1.15pm Work Injury Damages: Updates on Case Law

 

  • Update on case law and trends in work injury damages claims
  • Managing multi-party claims from a plaintiff and defendant’s perspective  

Presented by Amanda Bond, Partner, Gillis Delayney Lawyers; Accredited Specialist in Personal Injury Law; Recommended Workers Compensation Lawyers (Defendant), Doyle’s Guide, 2023

Session 1: Workers Compensation End of Year Update


Chair: Will Murphy, Partner, Bartier Perry; Accredited Specialist in Personal Injury Law; Recommended Workers Compensation Lawyers (Defendant), Doyle’s Guide 2022

Session 2: Motor Accident Update


Chair:
Paul Macken, Partner, Leigh Virtue & Associates; Accredited Specialist in Personal Injury Law

2.50pm to 3.40pm Threshold Injury: Review of Recent and Significant Cases

 

It's an issue which potentially affects every CTP claim so what is the Personal Injury Commission saying about threshold injury?
Presented by Peter Hunt, Principal, McCabes; Accredited Specialist in Personal Injury Law, Preeminent Compulsory Third Party Insurance Lawyers (Defendant) Doyle’s Guide 2023

3.55pm to 4.35pm Recent Significant Developments in Motor Accident Claims

 

  • Pre-existing whole person impairment and motor accident claims
  • Motor accidents involving public transport

Presented by Tim Concannon, Partner, Carroll & O’Dea Lawyers; Accredited Specialist in Personal Injury Law, Recommended Motor Vehicle Accident Compensation Lawyers (Plaintiff) and Preeminent Work Injury Compensation Lawyers (Plaintiff), Doyle's Guide 2023

Description

Attend and earn 7 CPD units in Substantive Law 
This program is based on NSW legislation

9.00am to 9.50am 500 Page Rule and Procedural Directions

 

  • When to commence
  • Why is the rule needed?
  • Additional documents related to real issues in dispute
  • Process for filing additional documents

Presented by Glenn Capel, Division Head, Workers Compensation Division, Personal Injury Commission

9.50am to 10.40am Reconsideration Power Under Section 329

 

  • Recent cases
  • Medical Appeals 

Presented by John Harris, Principal Member, Personal Injury Commission

10.40am to 10.55am Break
10.55am to 11.45am Independent Review Officer Annual Update

 

  • Trends and issues raised in IRO Complaints and ILARS Grant applications
  • Significant case studies from IRO Complaints and ILARS grants
  • IRO Inquiries; current areas of focus
  • Priorities for 2025 

Presented by Jeffrey Gabriel, Acting Independent Review Officer, Independent Review Office

2.00pm to 2.50pm Procedural Update for Motor Accident Claims

 

Overview of changes to procedural directions including details of the upcoming rule changes.
Presented by Marie Johns, Division Head, Motor Accidents Division, Personal Injury Commission NSW

3.40pm to 3.55pm Afternoon Tea
4.35pm to 5.15pm Judicial Review in Personal Injury Commission Determinations: 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 PIC Members’ and Merit Reviewers’ decisions
  • Practical guide to judicial review proceeding

Presented by Matthew Jones, Barrister and Jack Isackson, Barrister, Jack Shand Chambers

Testimonials

As usual, brilliant! 
Wonderful experience. Great range of topics and speakers

Presenters


Peter Hunt, Principal, McCabes
Peter is the Practice Group Leader of the Statutory Insurance Group at McCabes Lawyers, specialising in compulsory third party insurance (CTP). In each year from 2019 to 2023, Peter’s team was recognised by Doyle’s Guide as a First Tier Defendant CTP Team. In the same years, Peter was recognised by Doyle’s Guide as either a Pre-Eminent or Leading Defendant CTP Lawyer. Peter has been the driving force behind a number of value-add initiatives, including the Proper Lookout Podcast series and the PIC Decision of the Week. Peter is an Accredited Specialist in Personal Injury and a member of the Law Society's Injury & Compensation Committee.


Paul Macken, Partner, Leigh Virtue & Associates
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.


Glenn Capel, Division Head, Workers Compensation Division, Personal Injury Commission
Glenn Capel was a partner of Hicksons for 12 years, and in a career that spans over 40 years, he has acted for numerous private insurers, scheme agents and employers. He was appointed as an Arbitrator in the Workers Compensation Commission in 2010 and as a Senior Arbitrator in 2017. He became a Senior Member of the Personal Injury Commission on 1 March 2021, and he was appointed Division Head on 4 March 2022. Glenn has experience in liability, dispute resolution, workers compensation litigation and employment issues. He regularly appeared as a solicitor in the Workers Compensation Commission and its predecessors, the District and Supreme Courts, and the Court of Appeal. He has sat on Medical Appeal Panels in the Commission and has national accreditation as a Mediator under the NMAS Accreditation system.


John Harris, Principal Member, Personal Injury Commission
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.


Jeffrey Gabriel, Acting Independent Review Officer, Independent Review Office
Jeffrey Gabriel is the Acting Independent Review Officer. Prior to that he was Director of Solutions at IRO, a role he has held since March 2017. Before that, Jeffrey was employed by WIRO in the ILARS team, joining WIRO after a career in private practice, where he represented both claimants and insurers across a range of personal injury jurisdictions. Jeffrey is also an Accredited Specialist in Personal Injury Law.


Jodie Magee, Barrister, Sir Anthony Mason Chambers
Jodie has a broad common law practice. Her principal areas of practice are motor accident matters, public liability, work injury damages and workers compensation. She appears for both plaintiff’s and insurers. Jodie regularly appears in the District Court, Supreme Court and Personal Injury Commission. Jodie has an electronic practice. Prior to coming to the Bar Jodie was an Accredited Specialist in Personal Injury Law. She specialised in Work Injury Damages and workers compensation, motor vehicle claims and historical sexual abuse matters. In 2021 Jodie was awarded the Christopher Gee Memorial Prize for highest marks in the Bar Practice Course. Jodie is a member of the Australian Lawyers Alliance.


Amanda Bond, Partner, Gillis Delayney Lawyers
Amanda Bond is a partner of Gillis Delaney Lawyers who specialises in insurance claims. Amanda is an Accredited Specialist in Personal Injury Law and has over 20 years of experience in acting for government entities, insurers, self-insurers and corporations. In the last four years Amanda has been recognised by the Doyles Guide as a leading liability lawyer, pre-eminent and leading worker’s compensation lawyer and recommended lawyer in CTP demonstrating her breadth of experience.


Marie Johns, Division Head, Motor Accidents Division, Personal Injury Commission NSW
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, Partner, Carroll & O’Dea Lawyers
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.


Matthew Jones, Barrister, Jack Shand Chambers
Matthew was called to the Bar in 2020. Matthew practices in matters involving personal injury, motor accidents and Judicial Review. In addition, he practices in commercial litigation, commercial leases, disciplinary law, Tribunal matters and administrative law, Matthew regularly appears for executors, trustees and beneficiaries in deceased estate matters. He is recognised for his considered and pragmatic approach to legal problem solving.


Jack Isackson, Barrister, Jack Shand Chambers
Jack Isackson was called to the Bar in 2022. Jack practices in all jurisdictions across a variety of practice areas.


Will Murphy, Partner, Bartier Perry
Will is a partner at Bartier Perry. He practices in industrial accident law: workers compensation, common law claims and Work Health and Safety. In his personal injury practice Will acts exclusively for insurers and self-insurers. Will was one of the first accredited specialists in personal injury law in NSW.

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Workers Compensation and Motor Accident Claims Update

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Thursday, 14 November 2024
9.00am to 5.15pm Australia/Sydney
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Morning Session
Thursday, 14 November 2024
9.00am to 1.15pm Australia/Sydney
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Afternoon Session
Thursday, 14 November 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
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Venue
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Level 11, 70 Pitt Street, Sydney 2000

Directions

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By Train: Wynyard Station and Martin Place Station are only a 5 minute walk away

By Light Rail: Wynyard Light Rail Station is only a 4 minute walk away

Bus: The Clarence Street Bus Interchange is only 450m and there are many buses that stop nearby

Ferry: Circular Quay is the closest Ferry

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