Workers Compensation and Motor Accident Claims Update 2025

Join your colleagues for your annual session providing a workers compensation review plus an exploration of key technical legal issues to improve your day-to-day practice. You will focus on the section 11A(1) defence to a psychological injury claim, reconsideration applications in the PIC plus how the PIC determines whether an injured person in a worker or an independent contractor. You will receive an update from the Personal Injury Commission, and guidance on motor accident claims for different vehicles and judicial review in motor accident cases. All not to be missed!

Wednesday, 19 March 2025
Description

Attend and earn 7 CPD units including: 
6 units in Substantive Law 
1 unit in Professional Skills
This program is based on NSW legislation

Session 1: Workers Compensation Claims Update 2025

Chair: Mick Franco, Partner, Bartier Perry; Preeminent Workers Compensation Lawyers (Defendant), Doyle’s Guide 2023

11.00am to 11.15am Morning Tea
11.15am to 12.15pm Recent Developments on the Issue of Worker v Independent Contractor

 

  • Examining the issue of whether an injured person is a worker under the provisions of the Workers Compensation Act 1987 or an independent contractor in light of the growth of sub-contractors working with contractors with either or both not having workers compensation insurance
  • An examination of recent PIC Presidential decisions that consider the High Court decisions of Personnel Contracting and Jamsek which have resulted in some changes in how the “worker” issue is determined 

Presented by Dennis Epstein, Barrister, Selborne Chambers

3.00pm to 4.00pm Motor Accident Claims for Different Vehicles: Bicycles and Scooters, Quad Bikes, Car and Bus Doors, Forklifts, Excavators and More

 

  • The definitions of “motor vehicle” and “motor accident”, and recent court decisions
  • The big issue with ‘cross-over’ claims where compensation is under the WorkCover scheme but damages is under the Motor Accident Injuries Act 
  • “Public transport accidents” and Chang v McTye  

Presented by Tim Concannon, Partner, Carroll & O’Dea; Recommended Motor Vehicle Accident Compensation Lawyers (Plaintiff), Doyle’s Guide 2023 

9.00am to 10.00am Diving Deep into the Section 11A(1) Defence to a Psychological Injury Claim

 

  • Psychological injury meaning and types
  • Unpacking section 11A(1); components and limitations of defence
  • Assessing PIC decisions
  • Gathering relevant evidence
  • Witnesses and privacy  

Presented by Peter Lichaa, Partner, and Jamie Coleman, Associate, Bartier Perry  

10.00am to 11.00am Reconsideration Applications in the PIC

 

  • What is a reconsideration and the relevant legislative provisions 
  • Jurisdiction and power to undertake reconsideration 
  • Jurisdiction of the Personal Injury Commission to reconsider Workers Compensation Commission decisions 
  • Unexercised rights under Schedule 1 of the Personal Injury Commission Act 2020 

Presented by Sarah Warren, Barrister, Windeyer Chambers

Professional Skills
12.15pm to 1.15pm Causation of Shoulder Injuries: Understanding the Rotator Cuff

 

  • What is the natural history of the rotator cuff with ageing
  • Understanding what work-related factors contribute to shoulder injuries
  • Are all rotator cuff tears acute? How to distinguish between acute and chronic rotator cuff tears
  • Can favouring of one shoulder cause problems in the opposite shoulder? 

Presented by Dr Todd Gothelf, Orthopaedic Surgeon, Senior Medical Assessor, Personal Injury Commission (PIC), Member Education Committee of Australian Medicolegal College

Session 2: Motor Accident Claims Update 2025

Chair: Paul Macken, Partner, Leigh Virtue & Associates

2.00pm to 3.00pm Personal Injury Commission Updates

 

  • How the 500 Page rule is working
  • Run through of recent legislative changes 

Presented by Marie Johns, Head, Motor Accident Division, Personal Injury Commission

4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Judicial Review in Motor Accident Cases: 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 Personal Injury Commission proceedings
  • Practical guide to judicial review proceeding 

Presented by Jnana Gumbert, Barrister, Jack Shand Chambers, Preeminent Insurance & Personal Injury Law Junior Counsel, Doyle’s Guide 2023

Presenters


Mick Franco, Partner, Bartier Perry
As a Director and leader of the Insurance Division of Bartier Perry, Mick Franco advises employers and insurers on the most effective ways to manage and resolve employee claims including statutory benefits, work injury damages and recoveries. He also advises on employment issues arising from workplace injury including return to work and dismissal, WHS and Coronial inquests. He has a long history of representing self-insurers, specialised insurers and employers in the TMF, with a strong focus on the local and state government sectors. He has been a long-term honorary solicitor for the NSW Workers Compensation Self-Insurers Association Inc. Mick is widely recognised by the industry as an expert in workers compensation. He has contributed extensively to the debate on workers compensation in NSW and written extensively on the NSW system and schemes in other jurisdictions. He has been a member of numerous industry groups and appeared at parliamentary inquiries relating to workers compensation, representing the interests of employers and insurers. He was recognised as a leading Workers Compensation Lawyer from 2016 to 2019 and preeminent in 2020 and 2021 by Doyle’s Guide to the Australian Legal Profession.


Jamie Coleman, Associate, Bartier Perry


Dr Todd Gothelf, Orthopaedic Surgeon, Senior Medical Assessor, Personal Injury Commission (PIC)
Dr Todd Gothelf M.D. (USA), F.R.A.C.S, F.A.A.O.S., A.B.O.S. Orthopaedic Surgeon. Dr. Gothelf received his medical degree in New York at the Upstate Medical Centre in 1995. He completed his Orthopaedic training at the prestigious Mount Sinai Medical Centre in New York City in 2000 and was elected Chief Resident in his final year of training. Dr. Gothelf completed two fellowships in Shoulder Surgery and Sports Medicine, in the United States and in Sydney. Emphasis was placed on advanced shoulder arthroscopy and the management of rotator cuff tears and instability. Following the shoulder training, Dr. Gothelf pursued his interest in the management of Foot and Ankle pathology. He completed a fellowship in Sydney which was complemented with visits to renowned surgeons in the United States. Dr Gothelf maintains his interests in treating conditions of the Foot, Ankle, and Shoulder. As a VMO at Concord Repatriation Hospital, Dr. Gothelf is actively involved in teaching. He is dedicated to the advancement of his field, with ongoing research projects and publications in international journals. Dr. Gothelf consults from Concord, Hurstville, Randwick and Penrith.


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 38 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.


Marie Johns, Head, Motor Accident Division, Personal Injury Commission
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.


Jnana Gumbert, Barrister, Jack Shand Chambers
Jnana Gumbert has an extensive practice in the areas of common law, insurance law, and administrative law (particularly in judicial review of administrative decisions within the NSW CTP scheme). She has over 20 years’ experience conducting personal injury litigation in the areas of motor accidents, medical negligence and civil liability. Jnana was awarded a Master of Laws (LLM) from the University of Sydney in 2009, focussing on the areas of tort law, healthcare law and administrative law. Jnana has been recognised by her clients and her peers as a preeminent Junior Counsel in New South Wales Insurance & Personal Injury Law (Doyle’s Guide 2020, 2021, 2022 and 2023). Prior to being called to the Bar in 2012, Jnana was a litigation solicitor for over 6 years and a Director of Stacks/Goudkamp Lawyers, and was also a Law Society Accredited Specialist in Personal Injury Law and Assessor for Specialist Accreditation assessments. Jnana held the office of President of the NSW Branch of the Australian Lawyers Alliance from 2009 to 2015. She is a member of the Common Law Committee of the NSW Bar Association. She is a regular presenter at legal seminars and conferences, and has written many articles for publication in legal journals. She has also co-authored the Motor Accidents chapter of the Goudkamp and Morrison Personal Injury Law Manual NSW (Thomson Reuters) and The Law Handbook (Thomson Reuters).


Peter Lichaa, Partner, Bartier Perry
Peter began his legal career working for NSW Police, where he managed a high volume of workers compensation and employment related claims. Since then he has built over a decade’s worth of experience providing strategic insurance litigation advice. Peter’s strong focus on customer service has earned him a reputation for common sense, reliability and professionalism. His depth of experience in workers compensation provides him with the knowledge to work towards the best possible outcome, including in the most complex and sensitive disputes.


Sarah Warren, Barrister, Windeyer Chambers
Sarah was admitted to practice in 2008 and was called to the Bar in 2015. Sarah practices in the area of personal injury for both plaintiffs and defendants in motor accidents compensation, workers compensation, and public liability claims. Sarah has appeared in numerous jurisdictions from the Local Court through to the Court of Appeal, as well as tribunals such as NCAT and the Personal Injury Commission. Sarah was previously a DRS Claims Assessor and a CARS Assessor, assessing compensation claims within the respective bodies arising out of motor vehicle accidents under the statutory schemes.


Dennis Epstein, Barrister, Selborne Chambers
Dennis Epstein is a Barrister at 2nd Floor, Selborne Chambers, Sydney. Dennis has been practicing in the personal injury field for over 30 years. He initially practised as a Solicitor for over 13 years including 7 years at GIO. He was admitted as a Barrister in 1995 and since that time has practice exclusively in the personal injury field, especially in workers' compensation, CTP and public liability claims. He was also appointed for several years as both a District Court and Local Court Arbitrator and has undergone mediation accreditation training.


Tim Concannon, Partner, Carroll & O’Dea
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 2021. Tim was appointed Deputy Chair of the Injury Compensation Committee of the Law Society in 2020 and has been Chair of this Committee since 2021. 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.

253N30

Workers Compensation and Motor Accident Claims Update 2025

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Wednesday, 19 March 2025
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$556.50
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Morning Session
Wednesday, 19 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
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Afternoon Session
Wednesday, 19 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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Venue
Sheraton Grand Sydney Hyde Park

161 Elizabeth Street, Sydney 2000

Directions

Nearby transport options:

Bus Station: Hyde Park, Park St, Stand C 

Metro Station: St James Station 

Train Station: St. James Station 

Parking Information

Parking is not included in your registration. Here are some nearby parking options:

Sheraton Hotel Car Park - Secure car park entry is via Castlereagh Street, it has 8 electric charging stations. Early Bird Parking Rate is $45 if you arrive before 9am and depart before 6pm. Further information can be found here.

201 Elizabeth St Car Park - Located a 2 minute walk away from Sheraton Grand. Entry via Castlereagh Street. Click here for rates. 

Wilson Parking Citigroup Centre Car Park - Located a 5 minute walk away from Sheraton Grand. Entry: 271 Pitt St. Click here for rates.