Workers Compensation and Motor Accident Claims

You wanted a timely and practical workers compensation and motor accident conference analysing the latest issues and we’ve delivered. Hear from the Personal Injury Commission and the Independent Review Officer about recent developments as well as pick up practical guidance on technical legal issues to take away and enhance your workers compensation and motor accidents practice. 243N39

Thursday, 21 March 2024
Session 1: Workers Compensation Claims

Chair: Carmine Santone, Director, Santone Lawyers, Preeminent Workers Compensation Lawyers (Plaintiff) Doyles Guide 2023

9.45am to 10.30am Independent Review Officer Annual Update
  • Trends and issues raised in IRO Complaints and ILARS Grant applications
  • ILARS Grants; significant funding decisions
  • Responding to the ILARS Review
  • IRO Inquiries; current areas of focus

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

10.30am to 11.15am Workers Compensation Case Update

A 12-month overview of significant decisions of the Supreme Court and Court of Appeal relating to issues arising under the NSW workers compensation legislation.

Presented by Craig Tanner, Barrister

12.20pm to 1.15pm Claims Involving Multiple Injuries at Work
  • When is it considered more than one “injury”
  • Consequential injuries/conditions and overuse
  • Disease cases
  • Multiple injuries in work injury damages claims

Presented by Jasmina Mackovic, Practice Leader, LHD Lawyers

Session 2: Motor Accident Claims

Chair:  Paul Macken, Partner, Leigh Virtue & Associates, Recommended Workers Compensation Lawyers (Plaintiff) Doyles Guide 2023

2.00pm to 3.00pm Personal Injury Commission Updates
  • Pathway
  • Medical assessments update
  • Publication of decisions
  • The Stood Over List

Presented by Marie Johns, Division Head, Motor Accidents, Personal Injury Commission NSW

3.00pm to 4.00pm Practical Tips on Running a Motor Accidents Damages Claim
  • Establishing a Non-Threshold Injury
  • The Stood-Over List
  • Impairment disputes and how to streamline them
  • The latest decisions on economic loss

Presented by Tim Concannon, Partner, Carroll & O’Dea; Preeminent Work Injury Compensation Lawyers (Plaintiff), Doyles Guide 2023

9.00am to 9.45am Aggregation and Permanent Impairment
  • impairment principles
  • Aggregation 
  • Revisiting medical assessments

Presented by John Harris, Principal Member, Personal Injury Commission NSW

11.30am to 12.20pm Work Injury Damages
  • De facto "commutation"; merely a method for workers to exit the system; does negligence really play a part?
  • Statutory preconditions
  • 15% WIP 
  • Actual payment of compensation
  • 3 year limit on commencement (s151D)
  • Establishing negligence
  • Effect of payment as a trigger to a refund of all past payments and to terminate future weekly benefits
  • Proceedings in the Personal Injuries Commission and the District Court
  • Types of negligence: safe system of work, vicarious liability for acts of co-worker(s)
  • The particular position of psychiatric cases

Presented by Con Ktenas, Lawyer and Notary; Accredited Specialist in Personal Injury Law

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, Doyles Guide 2023 and Matthew Jones, Barrister, Jack Shand Chambers 

Description

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

11.15am to 11.30am Morning Tea

Presenters


Craig Tanner, Barrister
Craig Tanner commenced practice at the NSW Bar in 2012. In July of that year he was awarded the Chris Gee QC Memorial Prize for Advocacy and Evidence, for achievement in the Bar Practice Course and in the Bar Examinations. He was an Arbitrator at the Workers Compensation Commission from the time of its inception 2002 until mid 2013, and conducted arbitrations and sat as a member of Medical Appeal Panels. Between 2002 and 2008 he practised as a solicitor in the Employment and Industrial Law section of Maurice Blackburn. From 1987 to 2001, he was a labour lawyer in South Africa, acting for trade unions and employees, and appearing for them in courts and tribunals. He also acted as an arbitrator and mediator appointed by the parties, and sat as a Commissioner in the statutory industrial commission that was established in 1996. He graduated from the University of Natal with a BA, LLB and LLM (awarded cum laude).


Jasmina Mackovic, Practice Leader, LHD Lawyers
Jasmina has a law and economics degree from Sydney University and has over 20 years of experience working in Personal Injury Law. She is also an accredited Specialist in Personal Injury Law. Jasmina has been involved in a number of complex cases throughout her career however one of the most notable is the case for a widow of a gig economy worker who died while making a delivery. In this matter, the parties were able to reach an agreement that the deceased was an employee of Hungry Panda, making this case first of its kind where gig economy worker was recognised as a worker. Jasmina has recently joined LHD Lawyers as a Practice Leader following almost 20 years of experience in personal injury, having previously worked for one of the largest personal injury firms in Australia. Throughout her career she has focused on workers compensation and work injury damages claims.


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 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.


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).


Marie Johns, Division Head, Motor Accidents, 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.


Mr. John Harris, Principal Member, Personal Injury Commission NSW
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.


Con Ktenas, Lawyer and Notary
Con has over 36 years of experience in litigation in every jurisdiction. He is an Accredited Specialist in Personal Injury. He is a former long serving member of the Law Society Injury Compensation Committee, a current member of the Accredited Specialist Advisory Committee and the President of the Law Society’s Commercial Arbitration panel. Con is a Local Court Arbitrator and a former District Court Arbitrator. He is a former President of the City of Sydney Law Society. He has practised in all areas of personal injury litigation including workers compensation, work injury damages, total permanent disability (TPD), occupiers liability, professional negligence, medical/dental negligence, asbestos litigation ,institutional sexual abuse; and toxic torts litigation such ionising radiation and the herbicide “Roundup”.


Matthew Jones, Barrister, Jack Shand Chambers
Since being called to the Bar, Matthew has appeared in a wide variety of jurisdictions from Local Court to Supreme Court in both Common law and equity divisions. Matthew also appears in NCAT and the AAT. Matthew is a bold advocate with a pragmatic and reasonable sense for commercial resolutions to matters. A sample of recent and significant judgments and decisions are as follows: The Estate of Robyn Alice May Linworth [2021] NSWSC 334 Matthes v The Nominal Defendant [2021] NSWSC 188 Norrington v QBE Insurance (Australia) Ltd [2021] NSWSC 548

243N39

Workers Compensation and Motor Accident Claims

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All Sessions
Thursday, 21 March 2024
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
$795.00
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Morning Session
Thursday, 21 March 2024
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
$505.00
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Afternoon Session
Thursday, 21 March 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
$420.00
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Venue
Cliftons - Margaret St, Level 13

Level 13, 60 Margaret Street, Sydney

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:

Met Centre, Jamison St -  Click here for rates

Amora Hotel - Click here for rates

Secure Park 20 Bond St - Click here for rates