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Issue 9  Spring 2009
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Psychological injuries claims

Article published in Proctor
September 2009

Legal Services team members Alana Macaulay and Jonathan Shield recently published an article in Proctor, the monthly magazine issued by the Queensland Law Society.

The article, entitled 'Psychological injuries claims', addresses the issues facing injured workers applying for compensation for a psychological injury.

Alana and Jonathan analyse the approach taken by President Hall in a series of recent Industrial Court decisions interpreting the entitlement provisions about psychological 'injury' within section 32 of the Workers' Compensation and Rehabilitation Act 2003.

The article takes as a starting point the decision of Q-COMP v Education Queensland (often referred to as McArthur's case), canvasses the line of authority established by President Hall up to the 2009 decision of Q-COMP v Rowe, and includes recent comments made by the Court of Appeal of the Supreme Court of Queensland in Parker v The President of the Industrial Court of Queensland and Q-COMP.

We congratulate our Legal Services team for their efforts in drawing the attention of the legal profession to this challenging area in the Queensland workers' compensation scheme.

Read the complete 'Psychological injuries claims' article

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