Tort Reform System: Medical Negligence in New Zealand

Size: px
Start display at page:

Download "Tort Reform System: Medical Negligence in New Zealand"

Transcription

1 Ch27-A /18/06 1:48 PM Page 287 C H A P T E R 2 7 Tort Reform System: Medical Negligence in New Zealand James C. Johnston, M.D., J.D., F.C.L.M. It may yet come to pass that the most effective remedy for the ills of our tort reparation system will be disclosed by demonstration, in an attractive, usually tranquil, and very civilized little country half-a-world away. The developments down under thus merit our most careful and continuing observation. 1 The New Zealand accident compensation scheme is the most comprehensive tort reform system in the common law world. It has successfully operated for over 30 years. The fundamental nature of the scheme is simple: for personal injury, no-fault compensation replaces the common law action for damages. This chapter provides an overview of medical negligence down under, with particular attention to the relationship between statutory tort reform and the common law. BACKGROUND It is difficult for an outsider to understand how a nation can make the sweeping legislative reforms that will be discussed in this chapter. It may be helpful to review three unique features of the country s legal framework. First, New Zealand is a unitary state, allowing Parliament to enact national legislation without a fragmented amalgam of state, province, or territory law. Second, New Zealand, a Westminster-style constitutional monarchy, does not have a written constitution; thus, there are no entrenched provisions or superior law to restrain the government s ability to legislate. Third, Parliament, a unicameral General Assembly, has sovereign power to legislate and courts are absolutely bound to apply the law. These factors, among others, allow a flexible, dynamic approach to legislative reform. INTRODUCTION New Zealand provides a comprehensive public health system that is funded by the Ministry of Health and administered by 21 District Health Boards. Each Board is responsible for providing services in a particular geographic region. This public health service coexists with a parallel system of private insurance and private hospitals. Both systems are underpinned by a no-fault accident compensation scheme, which provides coverage for personal 287

2 Ch27-A /18/06 1:48 PM Page Malpractice Lawsuit Resolution injury regardless of fault or cause, and at the same time bars the right to sue for compensatory damages covered by the scheme. THE CURRENT REGIME The scheme is administered by the Accident Compensation Corporation (ACC), a Crown-owned entity, which operates under the current regime entitled the Injury Prevention, Rehabilitation, and Compensation Act 2001 (IPRCA). ACC is responsible for preventing injury, determining whether claims for injury are covered, providing entitlements including compensation, buying health services to treat and rehabilitate the injured, and advising the government. The funding for ACC is through Parliament and a series of levies on employers, earners, motor vehicle owners, health professionals, and medical organizations. 2 The IPRCA covers New Zealand residents and citizens, with limited benefits for temporary visitors. An eligible person is covered for a personal injury provided it falls within one of eleven statutory categories, which include accident, medical misadventure, or a gradual process, disease, or infection that is employment-related, secondary to personal injury or its treatment, or due to medical misadventure. The scope of this cover is to be interpreted in a generous, unniggardly fashion. 3 Personal injury is statutorily defined as death, physical injury, mental injury consequent on physical injury, or damage to dentures or prostheses. The term physical injury is neither obvious nor precisely defined, but courts consider it to mean any condition involving harm to the human body including sickness or disease. 4 There is no coverage for a willfully self-inflicted injury or suicide. The benefits of coverage under the scheme include medical treatment, social and vocational rehabilitation, weekly compensation during incapacity, lump-sum compensation for permanent impairment, weekly compensation for the spouse and dependants of a deceased claimant, childcare payments, survivors grants, and funeral grants. The IPRCA prohibits independent proceedings, whether under any rule of law or enactment, in any court in New Zealand, for damages arising directly or indirectly out of any covered injury. Thus, a person may not sue for compensatory damages for any personal injury that is covered by the scheme. The purpose of the bar is to prevent compensation twice over, not to prevent recovery of any compensation. 5 This represents a kind of social charter, largely replacing the common law in a defined field. 6 HISTORY A review of the history is paramount to understanding why New Zealand decided to replace the common law with this radical, far-reaching scheme. Prior to inception of the scheme, injured persons could seek relief through either a common law action or, depending on the situation, statutory compensation under the Workers Compensation Act 1956, Social Security Act 1964, or Criminal Damages Act In 1966 the Minister of Labour established a Royal Commission of Inquiry charged with investigating the

3 Ch27-A /18/06 1:48 PM Page 289 Tort Reform System: Medical Negligence in New Zealand 289 adequacy of workers compensation benefits. The commission produced a landmark report far exceeding the terms of reference (Woodhouse Report): The negligence action is a form of lottery. In the case of industrial accidents it provides inconsistent solutions for less than one victim in every hundred. The Workers Compensation Act provides meagre compensation for workers, but only if their injury occurred at their work. The Social Security Act will assist with the pressing needs of those who remain, provided they can meet the means test. All others are left to fend for themselves. It is a situation which needs to be changed. It is worth reviewing the commission s arguments to abolish the common law, which were adopted by the major political parties in New Zealand but largely ignored in the rest of the world: 8 The failure of the common law to compensate large numbers of accident victims; The waste involved in the system in that much of the money was chewed up in legal and administrative expenses; The long delays in delivering benefits to those who secured them; That personal blameworthiness was not the real rationale for the law because negligence law required individuals to meet the community average standard; Reprehensible conduct can be followed by feather blows while a moment s inadvertence could call down the heavens, as the Woodhouse Report put it; That liability insurance had blunted or removed the deterrent effect of tort law; That an assessment of damages in one lump sum involved guesswork and speculation and tended to overcompensate less serious injuries; That the process of adjudication was a lottery and impeded the rehabilitation of injured people, and there were strong incentives to maximize misery; and Accident prevention was impeded by the system. The Woodhouse Report proposed a comprehensive scheme of accident prevention, rehabilitation, and compensation based on five guiding principles: community responsibility, comprehensive entitlement, complete rehabilitation, real compensation, and administrative efficiency. There was no question about the goal: Injury arising from accident demands attack on three fronts. The most important is obviously prevention. Next in importance is the obligation to rehabilitate the injured. Thirdly, there is the duty to compensate them for their losses. The Royal Commission concluded: If the scheme can be said to have a single purpose it is 24-hour insurance for every member of the workforce, and for the housewives who support them. Parliament, following the Woodhouse Report, a White Paper, and a Select Committee Report, enacted the Accident Compensation Act 1972, bringing the accident compensation scheme into effect on April 1, The fundamental nature of the reform was to replace the common law with a nofault scheme to compensate personal injury by accident. The remainder of

4 Ch27-A /18/06 1:48 PM Page Malpractice Lawsuit Resolution this chapter will be limited to a discussion of medical misadventure under the scheme. Lack of space necessitates omitting many laws, ignoring important cases, and oversimplifying the entire picture. Therefore, this overview should not be considered a complete or definitive statement of the law. MEDICAL MISADVENTURE The Accident Compensation Act 1972 defined personal injury by accident to include medical, surgical, dental, or first aid misadventure. A 1982 re-enactment made no changes regarding medical misadventure. The High Court never established a clear definition of medical misadventure, resulting in cost increases as the boundaries of the scheme expanded. This prompted the National Party government to retreat from the original scheme by enacting the Accident Rehabilitation and Compensation Insurance Act 1992, which provided restrictive definitions excluding certain claims and limiting benefits. The new, narrowed definitions for medical misadventure cover were carried over in the Accident Insurance Act 1998 and the subsequent IPRCA, although the latter did restore some of the previously limited benefits such as lump-sum compensation. These restrictive definitions precluded a true no-fault scheme and resulted in a revival of the common law with novel claims circumventing the statutory bar. Parliament responded with the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No. 2) 2005 (Amendment Act), replacing the term medical misadventure with the broad concept of treatment injury, expanding coverage in a move back toward the Woodhouse recommendations. The pre-amendment regime will be reviewed before discussing the latest changes because the evolution of this particular statute provides a unique view of the challenges involved in developing a true no-fault compensation scheme and, from a practical standpoint, the pre-amendment legislation still applies to claims of medical misadventure occurring prior to Royal Assent of the Amendment Act. Fault Within the Scheme Medical misadventure is defined as personal injury suffered by a person seeking or receiving treatment given by or at the direction of a registered health professional (hereinafter health professional or physician), and which is caused by medical error or medical mishap. Personal injury may include injury by disease or infection, or by a heart attack or stroke, as well as an existing condition that does not improve or gets worse. It also includes a secondary infection passed by medical misadventure to a spouse, child, or third party. Medical mishap means an adverse consequence of properly administered treatment that is rare and severe. The definition of severe is death, hospitalization for more than 14 days, or significant disability lasting more that 28 days; rare means that the adverse event occurs in 1% or less of the cases where treatment is given. There is no mishap where an adverse consequence is rare in the ordinary course but is not rare for a particular person, and the person knew the greater risk before treatment.

5 Ch27-A /18/06 1:48 PM Page 291 Tort Reform System: Medical Negligence in New Zealand 291 Medical error means the failure of a health professional to observe a standard of care and skill reasonably to be expected in the circumstances, and can include failure of an organization when error cannot be attributed to a particular professional. The error may arise in the diagnosis of a person s condition, deciding whether or not to give treatment, deciding what treatment to provide, obtaining consent, or actually giving treatment. It is not medical error because desired results are not achieved, subsequent events show that different decisions might have produced better results, or the failure in question consists of a delay or failure attributable to an organization s resource allocation decisions. Thus, medical error requires proof of fault even though the accident compensation scheme operates as a no-fault system. This anomaly of a negligence-based standard embedded within a nofault system required the scheme to resolve some of the same problems that occurred under the tort system. It set the stage for a reawakening of the common law and development of various statutory remedies. The necessity of finding fault perpetuated a blaming culture that precluded patient safety improvements, generated significant expense investigating medical errors, and caused delays in deciding claims. 9 Additionally, the mishap provisions of severe and rare were considered arbitrary and confusing. A public consultation process supported the need for reform of the medical misadventure provisions. 10 Revival of the Common Law The complex social, political, and legal climates surrounding the legislative history of the scheme are beyond the scope of this chapter. The crucial point, for this discussion, is that from 1992 the various Acts restricted coverage and limited benefits, resulting in a less generous scheme. As coverage under the scheme contracted, the scope of actionable negligence expanded, most notably involving claims for nervous shock and exemplary damages. Nervous Shock The original Act covered mental consequences of an injury including transient trauma (anger, embarrassment, distress) as well as more severe psychiatric aliments. Since 1992 the schemes have excluded transient emotional trauma by defining mental injury as clinically significant behavioral, cognitive or psychological dysfunction. Moreover, mental injury is now only covered where it amounts to personal injury, and it is due to physical injury or certain crimes. Coverage in these limited circumstances bars a common law action. Conversely, there is no cover for mental injury alone, and thus no bar against an action for damages. Moreover, secondary victims of medical negligence, such as relatives of a patient who died, may bring an action for nervous shock. Exemplary damages The IPRCA does not bar a claim for exemplary damages, because such damages are not considered compensation. 11 These damages are awarded

6 Ch27-A /18/06 1:48 PM Page Malpractice Lawsuit Resolution to punish the defendant, not be compensate the plaintiff. Claims were generally confined to cases of intentional conduct, but McLaren Transport Ltd. v. Sommerville extended actions to gross negligence. 12 The escalating intrusion of exemplary damages into negligent conduct prompted the Court of Appeal to curtail these actions: Exemplary damages are awarded to punish a defendant for high-handed disregard of the rights of a plaintiff. Negligence simpliciter will never suffice. 13 The Court subsequently tightened this restriction in A. v. Bottrill, ruling that exemplary damages should only be available where the defendant is subjectively aware of the risk to which his or her conduct exposes the plaintiff. 14 The Privy Council overturned Bottrill, restoring McLaren, and reopening the door for exemplary damages in negligence. 15 Their Lordships did caution that a perceived need for compensation, or further compensation, is not a proper basis for making an award of exemplary damages. Other Claims Common law actions are available where the statutory definition of personal injury is not satisfied. For example, negligent surgery may fail to produce the desired results but does not cause physical or mental injury. Similarly, negligent failure to sterilize a patient may give rise to a suit for the financial loss of raising the child. The statute provides that certain proceedings can be maintained, including actions related to property damage, any express term in a contract, or any personal grievance arising out of a contract for service, as well as actions under the relevant provisions of the Health and Disability Commissioner Act 1994 or the Human Rights Act There may be claims for compensatory damages where statutory definitions are not met, and participation in certain clinical trials may open the door for a negligence action against the manufacturer or investigator. Development of Statutory Remedies The common law resurgence occurred contemporaneously with several high-profile Ministerial Inquiries recommending, inter alia, a statement of patient rights and appointment of a Health Commissioner to investigate complaints. These Inquiry outcomes, along with a confluence of other factors, including a paucity of common law decisions on professional standards and public desire for increased accountability, precipitated a series of Parliamentary Acts and regulations on patient rights, informed consent, privacy, and a host of related matters. The recently promulgated legislation focuses on consumer (legislative terminology) rights and creates a number of interrelated regulatory bodies and tribunals: evidence from one may be used by another; there are mechanisms for increased reporting among these organizations as well as with the ACC, authorities, and employers; and complaints may be simultaneously addressed in other fora including, for example, Coronial hearings, Inquiries, and Bill of Rights Act and Privacy Act proceedings. The result of this milieu is a quest for accountability and

7 Ch27-A /18/06 1:48 PM Page 293 Tort Reform System: Medical Negligence in New Zealand 293 compensation under several relatively new statutory provisions. The following Acts are particularly relevant to the accident compensation scheme because they provide a means for consumers to seek redress for negligence, and are not barred by the scheme. Health and Disability Commissioner Act 1994 (HDCA) The HDCA contains the Code of Health and Disability Services Consumers Rights (Code), which confers ten rights for the protection of consumers (e.g., Right 4 is a right to services of an appropriate standard; Rights 6 and 7 pertain to informed consent; Right 10 is the right to complain to the Commissioner). Consumers may complain directly to the Commissioner, who has the authority, upon determining there is a breach of the Code, to make recommendations to the provider or Ministry of Health, file a complaint with the relevant professional body, or refer the matter to the Director of Proceedings. The Director of Proceedings, an independent statutory office, may call proceedings in the Human Rights Review Tribunal or Health Practitioners Disciplinary Tribunal, or both. Human Rights Act 1993 (HRA) This Act established the Human Rights Review Tribunal (HRRT), which can hear proceedings about matters infringing upon the Code, the HRA, the Privacy Act 1993, or the Health Information Privacy Code. Complaints to the Tribunal may arise by referral from the Commissioner to the Director of Proceedings or, in accordance with the Health Practitioners Competence Assurance Act 2003, directly from the consumer. The Tribunal can make a declaration, issue an order restraining the provider, order the provider to redress any loss or damage suffered by the consumer, provide damages up to $200,000 for pecuniary loss, expenses, loss of benefit, humiliation, or action that was in flagrant disregard of the consumer s rights, or provide any other relief as the Tribunal thinks fit. 16 This statutory provision provides a wider basis than the common law for a claim of exemplary damages, since flagrant disregard requires a lower threshold of proof that the common law outrageous conduct test. Health Practitioners Competence Assurance Act 2003 (HPCAA) This omnibus Act covers the regulation and discipline of all health professionals. A separate authority is established for each profession, responsible for matters related to education, registration, practicing certificates, scope of practice, and competence reviews. A single multidisciplinary Health Practitioners Disciplinary Tribunal chaired by the legal profession conducts all disciplinary hearings. 17 Consumers may complain directly to the disciplinary tribunal, or complaints may originate from the Commissioner or the HRRT. The HPCAA provides direct consumer access to the HRRT. The tribunal has wide disciplinary authority ranging from the imposition of fines to cancellation of practicing certificates.

8 Ch27-A /18/06 1:48 PM Page Malpractice Lawsuit Resolution Parliament Enacts the Amendment Act The Woodhouse scheme was designed to supplant the vagaries of actions for damages for negligence at common law. 18 The successive statutory reenactments retreated from the original scheme by excluding certain claims and limiting benefits, resulting in a renewed resort to common law actions with all the attendant vagaries. This did not go unnoticed. The High Court sent a warning: The compensation entitlements of the victims of negligence have fallen far short of the much-trumpeted recommendations of the 1967 Woodhouse Commission Report. Such a perception may well lead to the courts providing remedies which are not currently available. 19 There is not yet any apparent trend to create other remedies, and the courts have not developed exemplary damages as a remedy for inadequate ACC compensation. Indeed, later judicial decisions suggest that the perceived limitations of the scheme will be considered a matter for Parliament. 20 Parliament responded with the Amendment Act, which adopts a more generous approach to the injured. It replaces the terms medical mishap and medical error with treatment injury effective July 1, Treatment injury means personal injury suffered by a person seeking or receiving treatment from a health professional that is caused by treatment and not a necessary part or ordinary consequence of the treatment, taking into account all circumstances including the person s underlying health condition and the clinical knowledge at the time of treatment. It does not include personal injury that is wholly or substantially caused by the person s underlying health condition, attributable to a resource allocation decision, or a result of a person unreasonably delaying or withholding consent to treatment. The fact that treatment did not achieve a desired result does not, of itself, constitute treatment injury. Treatment includes diagnosis of a condition, a decision on treatment to be provided, giving a treatment, delay or failure in providing treatment, obtaining or failing to obtain consent, the provision of prophylaxis, failure of any equipment used in treatment, and application of any support systems (including administrative systems) used by the organization responsible for treatment. Thus, claimants must establish causation, but it is unnecessary to prove any degree of fault, severity, or rarity. THE FUTURE There will undoubtedly be an increase in compensation claims under the new legislation, especially with the exclusion of any seriousness requirement. The changes will enable more patients to receive compensation and rehabilitation, and hopefully create a culture encouraging health professionals to report adverse events for the purpose of improving patient safety. The wider coverage may diminish pressure on the common law to provide for victims of personal injury. Additionally, the fact that consumers may seek remedies including exemplary damages through statutory provisions such as the HRRT may further dampen common law actions. Thus, expanding coverage under the scheme should result in a corresponding decrease of the already limited negligence claims.

9 Ch27-A /18/06 1:48 PM Page 295 Tort Reform System: Medical Negligence in New Zealand 295 There will, with the new law, be a focus of litigation to prove an unexpected event separating treatment injury from ordinary treatment of disease or illness. The reason is simple the scheme continues to cover injury but not sickness, which is relegated to the lesser entitlements of the social security program. Unless New Zealand takes the Woodhouse next step and integrates the accident scheme with social security to provide equitable benefits, which appears unlikely at this time, there will be a litigation penumbra surrounding the scheme. The litigation will simply shift from fault issues, no longer relevant under the Amendment Act, to proving causation. CONCLUSION A person suffering injury due to medical misadventure or treatment injury is entitled to cover under the scheme, and may not sue for compensatory damages. An injury that falls outside the scheme such as nervous shock may give rise to a common law action for compensatory damages. The bar does not prohibit claims for exemplary or punitive damages. Even if a negligence claim is barred, the negligence may breach a statutory right (e.g., Right 4 of the Code mandating a reasonable standard of care), and result in an award of exemplary damages. The New Zealand accident compensation scheme is unquestionably an enduring success. It avoids the economic and social injustices that the common law inflicts upon injured persons. It is not a panacea. There remain policy and administrative challenges concerning an acceptable balance between statutory coverage and the common law, as well as integration of social security. Nevertheless, the scheme is part of the social fabric and it is unlikely that there will ever be a widespread return to the common law. Jurisdictions considering tort reform may benefit from a full understanding of this unprecedented scheme. FURTHER READING Bismark M, No-Fault Medical Malpractice System in New Zealand In Legal Medicine/American College of Legal Medicine, 7th ed, ed. S. Sandy Sanbar et al. Philadelphia, Mosby, REFERENCES 1. Bernstein A, No-Fault Compensation for Personal Injury in New Zealand, in U.S. Dept. of Health, Education and Welfare Report of the Secretary s Commission on Medical Malpractice (1973). Supp. Vol , 183, 193, 202, 214, 219, 227, and 228 IPRCA. 3. ACC v. Mitchell (1992) 2 NZLR 436, (CA). 4. Childs v. Hillock (1993) NZAR 249, 2 NZLR 65 (CA).

10 Ch27-A /18/06 1:48 PM Page Malpractice Lawsuit Resolution 5. Queenstown Lakes District Council v. Palmer (1999) 1 NZLR 549 (CA) Brightwell v. ACC (1985) 1 NZLR 132, (CA). 7. McKenzie P, The Compensation Scheme No One Asked For: The Origins of ACC in New Zealand, VUWLR 34(2), at 195 June Palmer G, The Nineteen-Seventies: Summary for Presentation to the Accident Compensation Symposium, VUWLR 34(2) at 241 (June 2003). 9. ACC, Review of ACC Medical Misadventure: Consultation Document (2003). 10. Accident Compensation Corporation and the Department of Labour, Summary of ACC Medical Mi1sadventure Consultation (2003) (1) IPRCA. See Taylor v. Beere (1982) 1 NZLR 81 (CA) and its progeny. 12. McLaren Transport Ltd. v. Sommerville (1996) 3 NZLR 424 (HC). 13. Ellison v. L. (1998) 1 NZLR 416, A. v. Bottrill (2001) 3 NZLR 622 (CA). 15. A. v. Bottrill (2003) 2 NZLR 721 (PC). 16. Director of Proceedings v. O Neil (2001) NZAR 59 (HC). See also 57(1)(d) Health and Disability Commissioner Act HPCAA Green v. Matheson (1989) 3 NZLR 564 (CA). 19. Residual Health Management Unit v. Downie (2001) CA 147/01, Wardle v. ACC, HC Wellington AP 134/02.

Those who succeeded often received significant amounts in lump sum awards of damages.

Those who succeeded often received significant amounts in lump sum awards of damages. ACC Basic Overview BACKGROUND The present Accident Compensation Act is called the Injury Prevention Rehabilitation and Compensation Act 2001 Act is the fifth major Act in 28 years dealing with our No Fault

More information

NEGLIGENCE LIABILITY FOR PERSONAL INJURY: A PERSPECTIVE FROM NEW ZEALAND INTRODUCTION

NEGLIGENCE LIABILITY FOR PERSONAL INJURY: A PERSPECTIVE FROM NEW ZEALAND INTRODUCTION 2002 Forum: Reform o f the Law o f Negligence 895 NEGLIGENCE LIABILITY FOR PERSONAL INJURY: A PERSPECTIVE FROM NEW ZEALAND STEPHEN TODD* I INTRODUCTION We are told in New Zealand that Australia is in the

More information

CHAPTER 12 Accident compensation

CHAPTER 12 Accident compensation CHAPTER 12 Accident compensation Peter Jansen is a general practitioner and Senior Medical Adviser for the Accident Compensation Corporation. Cite this as Jansen P 2013. Accident compensation. Chapter

More information

Common Law Actions on the Margin Rosemary Tobin

Common Law Actions on the Margin Rosemary Tobin Accident Compensation: 40 Years On - A Celebration of the Woodhouse Report: Compensation for Personal Injury in New Zealand: Report of the Royal Commission on Inquiry Common Law Actions on the Margin Rosemary

More information

TREATMENT INJURY IN NEW ZEALAND STEPHEN TODD * INTRODUCTION

TREATMENT INJURY IN NEW ZEALAND STEPHEN TODD * INTRODUCTION TREATMENT INJURY IN NEW ZEALAND STEPHEN TODD * INTRODUCTION This article discusses medical malpractice and compensation in New Zealand, but there is not much in it about liability. The reason is that in

More information

How To Get A Payout From The Accident And Compensation Insurance Act Of Korea

How To Get A Payout From The Accident And Compensation Insurance Act Of Korea 407 TRENDS IN PERSONAL INJURY LITIGATION: THE 1990S John Miller * Just as Accident Compensation did not exist in a political or social vacuum, it also did not exist in a legal vacuum. One of the remarkable

More information

Trends In Personal Injury Litigation: The 1990s

Trends In Personal Injury Litigation: The 1990s Trends In Personal Injury Litigation: The 1990s John Miller[*] Just as Accident Compensation did not exist in a political or social vacuum, it also did not exist in a legal vacuum. One of the remarkable

More information

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death

Appendix I: Select Federal Legislative. Proposals Addressing Compensation for Asbestos-Related Harms or Death Appendix I: Select Legislative Appendix I: Select Federal Legislative is and Mesothelioma Benefits Act H.R. 6906, 93rd 1973). With respect to claims for benefits filed before December 31, 1974, would authorize

More information

Treatment Injury in New Zealand

Treatment Injury in New Zealand Chicago-Kent Law Review Volume 86 Issue 3 Symposium on Medical Malpractice and Compensation in Global Perspective: Part I Article 8 June 2011 Treatment Injury in New Zealand Stephen Todd Follow this and

More information

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS

NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS NATIONAL WORKERS COMPENSATION AND OCCUPATIONAL HEALTH AND SAFETY FRAMEWORKS SUBMISSION TO THE PRODUCTIVITY COMMISSION FROM THE BUSINESS COUNCIL OF AUSTRALIA 1 INTRODUCTION SUBMISSION The BCA makes the

More information

IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11. THERMOSASH COMMERCIAL LIMITED Defendant

IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11. THERMOSASH COMMERCIAL LIMITED Defendant IN THE EMPLOYMENT COURT AUCKLAND [2011] NZEmpC 169 ARC 54/11 IN THE MATTER OF a challenge to a determination of the Employment Relations Authority AND IN THE MATTER OF an application to strike out the

More information

Negligence and Damages Bill

Negligence and Damages Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by Andy McDonald, are published separately as Bill 76 EN. Bill 76 6/1 CONTENTS PART 1 PYSCHIATRIC INJURY 1 Close tie (duty of care) 2 Close tie

More information

Tort System and Government Role in Designing and Reforming Medical Malpractice Compensation Regimes, 2006

Tort System and Government Role in Designing and Reforming Medical Malpractice Compensation Regimes, 2006 Austria Burden of proof is shifted to the health care provider proven and presumed error. Damages: Economic; n-economic Tort law reform is considered. Compulsory by the Medical Association s code of Conduct

More information

FORTY YEARS OF ACCIDENT COMPENSATION IN NEW ZEALAND

FORTY YEARS OF ACCIDENT COMPENSATION IN NEW ZEALAND FORTY YEARS OF ACCIDENT COMPENSATION IN NEW ZEALAND THOMAS M. COOLEY LAW SCHOOL: KRINOCK LECTURE 2011 MONASH UNIVERSITY, MELBOURNE, AUSTRALIA STEPHEN TODD * INTRODUCTION In all common law jurisdictions

More information

Short Term Disability Income Protection Plan

Short Term Disability Income Protection Plan Short Term Disability Income Protection Plan Effective Date: January 1, 2012 Contact Information Plan Administrator: Address and Telephone #: AOL Inc. 22000 AOL Way Dulles, VA 20166 703-265-1968 703-265-3981

More information

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95

Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007 No 95 New South Wales Motor Accidents Compensation Amendment (Claims and Dispute Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Motor Accidents Compensation Act 1999 No 41 2 4 Amendment of other

More information

Consultation Report. Consultation Report: Personal Injuries (Liabilities and Damages) Act - Assessments of Permanent Impairment JUNE 2015

Consultation Report. Consultation Report: Personal Injuries (Liabilities and Damages) Act - Assessments of Permanent Impairment JUNE 2015 DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE Consultation Report Consultation Report: Personal Injuries (Liabilities and Damages) Act - Assessments of Permanent Impairment JUNE 2015 Legal Policy 68 The

More information

ENDING FAULT IN ACCIDENT COMPENSATION: ISSUES AND LESSONS FROM MEDICAL MISADVENTURE

ENDING FAULT IN ACCIDENT COMPENSATION: ISSUES AND LESSONS FROM MEDICAL MISADVENTURE 821 ENDING FAULT IN ACCIDENT COMPENSATION: ISSUES AND LESSONS FROM MEDICAL MISADVENTURE Brian Easton * This paper suggests that emphasising prevention and rehabilitation are the key directions that the

More information

BACKGROUND COMMENTS. The Interim Report quotes from our initial submission:

BACKGROUND COMMENTS. The Interim Report quotes from our initial submission: BACKGROUND This submission is made further to the NSW Minerals Council s initial submission of September 2003 and our appearance before the 4 December 2003 public hearing in Sydney. Our comments remain

More information

NHS REDRESS ACT 2006

NHS REDRESS ACT 2006 INTRODUCTION These notes refer to the NHS Redress Act 2006 (c. 44) NHS REDRESS ACT 2006 EXPLANATORY NOTES 1. These explanatory notes relate to the NHS Redress Act 2006, which received Royal Assent on 8th

More information

Comparative Review of Workers Compensation Systems in Select Jurisdictions

Comparative Review of Workers Compensation Systems in Select Jurisdictions of Workers Compensation Systems in Select Jurisdictions JURISDICTION: TEXAS ENVIRONMENT Population Size 19.3 million in 1997. Labour Force 8 million (1997) Demographic and Economic Indicators has enjoyed

More information

VICTIMS OF CRIME ACT

VICTIMS OF CRIME ACT Province of Alberta VICTIMS OF CRIME ACT Revised Statutes of Alberta 2000 Current as of November 1, 2013 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park

More information

Act on Compensation for Criminal Damage

Act on Compensation for Criminal Damage JLS/1374/05-EN NB: Unofficial translation Act on Compensation for Criminal Damage (935/1973; amendments up to 675/2002 included) General provisions Section 1 (63/1984) (1) Compensation shall be paid from

More information

CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015

CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015 CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015 Published by the STATES GREFFE for the HOME AFFAIRS DEPARTMENT Page - 2 CRIMINAL INJURIES COMPENSATION

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

Access to justice for New Zealand health consumers. HDC Medico-Legal Conference: A Decade of Change 24 March 2010, Wellington

Access to justice for New Zealand health consumers. HDC Medico-Legal Conference: A Decade of Change 24 March 2010, Wellington Access to justice for New Zealand health consumers HDC Medico-Legal Conference: A Decade of Change 24 March 2010, Wellington Joanna Manning Associate Professor Faculty of Law The University of Auckland

More information

SPECIMEN. (1) advising, counseling or giving notice to employees, participants or beneficiaries with respect to any Plan;

SPECIMEN. (1) advising, counseling or giving notice to employees, participants or beneficiaries with respect to any Plan; In consideration of payment of the premium and subject to the Declarations, limitations, conditions, provisions and other terms of this Policy, the Company and the Insureds agree as follows: I. INSURING

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

understanding your household workers insurance policy A guide to your policy cover and conditions

understanding your household workers insurance policy A guide to your policy cover and conditions understanding your household workers insurance policy A guide to your policy cover and conditions HHWPG August 2014 contents About WorkCover Queensland 3 About your household workers insurance policy 3

More information

Workers compensation benefits guide

Workers compensation benefits guide Workers compensation benefits guide December 2015 Disclaimer This publication may contain information about the regulation of workers compensation in NSW. It may include some of your obligations under

More information

Proposed changes to the Comcare scheme

Proposed changes to the Comcare scheme Proposed changes to the Comcare scheme Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014 (Cth) Submission to Senate Standing Committee on Education and Employment Inquiry into the

More information

Short Term Disability Income Protection Plan

Short Term Disability Income Protection Plan Short Term Disability Income Protection Plan Effective Date: January 1, 2011 Contact Information Plan Administrator: TIB - The Independent Bankers Bank Address and Telephone #: 350 Phelps Drive Irving,

More information

understanding your workers compensation accident insurance policy A guide to your policy cover and conditions

understanding your workers compensation accident insurance policy A guide to your policy cover and conditions understanding your workers compensation accident insurance policy A guide to your policy cover and conditions AIPG May 2015 contents About WorkCover Queensland 3 About your accident insurance policy 3

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

Workers compensation benefits guide

Workers compensation benefits guide Workers compensation benefits guide October 2015 Disclaimer This publication may contain information about the regulation of workers compensation in NSW. It may include some of your obligations under some

More information

SETTLEMENTS AND JUDGMENTS YOU MEAN I HAVE TO PAY TAXES?

SETTLEMENTS AND JUDGMENTS YOU MEAN I HAVE TO PAY TAXES? SETTLEMENTS AND JUDGMENTS YOU MEAN I HAVE TO PAY TAXES? By: Geoffrey N. Taylor, Esq. I. INCOME TO PLAINTIFF A. Distinction between settlements and judgments. B. Basic rule is the origin of claims test.

More information

Future of Work. Rehabilitation and Compensation for Injured Workers 1

Future of Work. Rehabilitation and Compensation for Injured Workers 1 Future of Work Rehabilitation and Compensation for Injured Workers Introduction 1. Congress reaffirms its primary position that every worker has the right to go to work and come home safely. Yet with extremely

More information

understanding your workplace personal injury insurance policy A guide to your policy cover and conditions

understanding your workplace personal injury insurance policy A guide to your policy cover and conditions understanding your workplace personal injury insurance policy A guide to your policy cover and conditions WPIIPG September 2013 contents About WorkCover Queensland 3 About your workplace personal injury

More information

How To Amend The Motor Accident Compensation Act 1999

How To Amend The Motor Accident Compensation Act 1999 CUR CURWOODS NEWS BULLETIN Background Motor Accident Injuries Amendment Bill 2013 The NSW State Government tabled the Motor Accident Injuries Amendment Bill 2013 (the Bill) on 9 May 2013. The Bill purports

More information

Staker Parson. Short Term Disability Income Protection Plan

Staker Parson. Short Term Disability Income Protection Plan Staker Parson Short Term Disability Income Protection Plan Effective Date: 01/01/2006 Contact Information Plan Administrator: Address and Telephone #: Claims Administrator: Address and Telephone #: Staker

More information

WORKERS GUIDE YUKON WORKERS COMPENSATION HEALTH AND SAFETY BOARD. working together WITH YUKON WORKERS AND EMPLOYERS

WORKERS GUIDE YUKON WORKERS COMPENSATION HEALTH AND SAFETY BOARD. working together WITH YUKON WORKERS AND EMPLOYERS WORKERS GUIDE YUKON WORKERS COMPENSATION HEALTH AND SAFETY BOARD working together WITH YUKON WORKERS AND EMPLOYERS workers compensation WORKERS COMPENSATION Workers compensation is an employer-funded insurance

More information

Rights & Obligations under the Nebraska Workers Compensation Law

Rights & Obligations under the Nebraska Workers Compensation Law Nebraska Workers Compensation Court Information Sheet: Rights & Obligations under the Nebraska Workers Compensation Law NEBRASKA WORKERS COMPENSATION COURT OFFICIAL SEAL What is workers compensation? Workers

More information

Accident Compensation Act

Accident Compensation Act Accident Compensation Act Changes to the Accident Compensation Act 1985 explained Edition No. 1 March 2010 Contents Introduction 1 Overview of changes 2 Key changes Workers entitlement to compensation

More information

ASBESTOS COMPENSATION IN TASMANIA A GUIDE

ASBESTOS COMPENSATION IN TASMANIA A GUIDE ASBESTOS COMPENSATION IN TASMANIA A GUIDE Asbestos Compensation Commissioner Disclaimer This information is for guidance only and not to be taken as an expression of the law. It should be read in conjunction

More information

Index. Cambridge University Press 978-1-107-63632-3 - Atiyah s Accidents, Compensation and the Law: Eighth Edition Peter Cane. Index.

Index. Cambridge University Press 978-1-107-63632-3 - Atiyah s Accidents, Compensation and the Law: Eighth Edition Peter Cane. Index. 100-per-cent principle, CICS and, 155 6 accident insurance availability, 290 loss prevention measures, encouraging/requiring, 429 31 suitability of, 291 accidents definition, 3 4 prevention see prevention

More information

New South Wales: Amendments to Workers Compensation Legislation June 2012

New South Wales: Amendments to Workers Compensation Legislation June 2012 There are two primary pieces of legislation governing Workers Compensation in New South Wales: Workplace Injury Management and Workers Compensation Act 1998 The Workers Compensation Legislation Amendment

More information

Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013

Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 Version: 1.7.2015 South Australia Motor Vehicle Accidents (Lifetime Support Scheme) Act 2013 An Act to provide a scheme for the lifetime treatment, care and support of persons catastrophically injured

More information

Key Workers Compensation Information, Australia

Key Workers Compensation Information, Australia Key Workers Compensation Information, Australia 2010 Key Workers Compensation Information, Australia 2010 Visit www.safeworkaustralia.gov.au for more information Commonwealth of Australia 2010 ISBN 978

More information

The Injury Prevention, Rehabilitation and Compensation Act 2001. IN THE MATTER OF an appeal pursuant to section 149 of the Act (Appeal No.

The Injury Prevention, Rehabilitation and Compensation Act 2001. IN THE MATTER OF an appeal pursuant to section 149 of the Act (Appeal No. IN THE DISTRICT COURT AT WELLINGTON DECISION No. 33/2005 UNDER The Injury Prevention, Rehabilitation and Compensation Act 2001 IN THE MATTER OF an appeal pursuant to section 149 of the Act (Appeal No.

More information

OFFICE OF INSURANCE REGULATION Property and Casualty Product Review

OFFICE OF INSURANCE REGULATION Property and Casualty Product Review OFFICE OF INSURANCE REGULATION Property and Casualty Product Review NOTIFICATION OF PERSONAL INJURY PROTECTION BENEFITS YOUR PERSONAL INJURY PROTECTION RIGHTS AND BENEFITS UNDER THE FLORIDA MOTOR VEHICLE

More information

Injury Schemes a lawyer s perspective Ian Brown Vice President and President Elect, Queensland Law Society

Injury Schemes a lawyer s perspective Ian Brown Vice President and President Elect, Queensland Law Society Injury Schemes a lawyer s perspective Ian Brown Vice President and President Elect, Law Society This presentation has been prepared for the Actuaries Institute Injury Schemes Seminar. The Institute Council

More information

Chapter 91. Regulation 68 Patient Rights under Health Insurance Coverage in Louisiana

Chapter 91. Regulation 68 Patient Rights under Health Insurance Coverage in Louisiana D. A copy of the certification form shall be maintained by the insurer and by the producing agent or broker in the policyholder's record for a period of five years from the date of issuance of the insurance

More information

Queensland WHISTLEBLOWERS PROTECTION ACT 1994

Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Act No. 68 of 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Section PART 1 PRELIMINARY TABLE OF PROVISIONS Division 1 Title and commencement Page 1 Short

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

Comparative Analysis of Workers Compensation Systems in Select Jurisdictions

Comparative Analysis of Workers Compensation Systems in Select Jurisdictions Comparative Analysis of Workers Compensation Systems in Select Jurisdictions JURISDICTION: MANITOBA ENVIRONMENT Population Size Labour Force Demographic and Economic Indicators 1,144,000 (1996 Stats Canada)

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

3006-001_ed02E. Ontario accident benefits

3006-001_ed02E. Ontario accident benefits 3006-001_ed02E Ontario accident benefits TM Trademark used under licence from Northbridge Financial Corporation. All rights reserved. No part of this publication may be reproduced, stored in retrieval

More information

11 NYCRR 60-2.0. Text is current through February 15, 2002, and annotations are current through August 1, 2001.

11 NYCRR 60-2.0. Text is current through February 15, 2002, and annotations are current through August 1, 2001. 11 NYCRR 60-2.0 OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 11. INSURANCE DEPARTMENT CHAPTER III. POLICY AND CERTIFICATE PROVISIONS [FN1] SUBCHAPTER B. PROPERTY

More information

Benefits under the Short Term Disability Salary Continuation Plan described in the following pages are provided and funded by the Employer.

Benefits under the Short Term Disability Salary Continuation Plan described in the following pages are provided and funded by the Employer. Colgate University Short Term Disability Salary Continuation Plan For Faculty and Administrators Benefits under the Short Term Disability Salary Continuation Plan described in the following pages are provided

More information

The key conclusions of this report are:

The key conclusions of this report are: 9. Typical auto insurance benefits in both no fault and traditional States fall short of the needs of catastrophically injured victims. EXECUTIVE OFFICE INTER-COMMUNICATION From: KENNETH D. MERIN, DIRECTOR

More information

Review of Section 38 (Benefits), Workers Compensation Act

Review of Section 38 (Benefits), Workers Compensation Act Legislative Review of Workers Compensation Review of Section 38 (Benefits), Workers Compensation Act Discussion Paper May 2015 Discussion Paper May 2015 Published by: Province of New Brunswick P.O. Box

More information

Our Personal Injury Guidebook

Our Personal Injury Guidebook Our Personal Injury Guidebook Partnering with you on your road to recovery 2 Table of Contents Injured? You Must Take the Following Steps........... 3 Our Promise to Our Clients.................... 4 At

More information

Georgia Board for Physician Workforce

Georgia Board for Physician Workforce Board for Physician Workforce Spotlight on National Tort Reform & Reform in the Surrounding States August 2010 Tort reform continues to be a highly debated issue at both the state and national level. In

More information

This chapter notes, where appropriate, further legislative reforms by the Commonwealth and each State or Territory jurisdiction.

This chapter notes, where appropriate, further legislative reforms by the Commonwealth and each State or Territory jurisdiction. FURTHER REFORMS Since 2002, jurisdictions across Australia have taken account of their individual circumstances and made alterations to their legislative regimes additional to the comprehensive programme

More information

Our Personal Injury Guidebook

Our Personal Injury Guidebook Our Personal Injury Guidebook Partnering with you on your road to recovery 2 Table of Contents Injured? You Must Take the Following Steps........... 3 Our Promise to Our Clients.................... 4 At

More information

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages Key Concept 9: Understand the differences between compensatory and punitive damages 1 A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff

More information

AN ACT INSURANCE. Insurance Ch. 146

AN ACT INSURANCE. Insurance Ch. 146 Insurance Ch. 146 CHAPTER 146 INSURANCE SENATE BILL 96-078 BY SENATORS Johnson, Alexander, Casey, Dennis, Feeley, Hernandez, Hopper, Martinez, Matsunaka, Meiklejohn, Norton, Pascoe, L. Powers, R. Powers,

More information

Update to your Vero MotorPlan policy

Update to your Vero MotorPlan policy Update to your Vero MotorPlan policy As a result of a change brought about by the Sentencing Amendment Act 2014, we would like to bring to your attention an update to our Vero MotorPlan policy wording.

More information

INJURED ON THE JOB? A SUMMARY OF THE RIGHTS AND BENEFITS AVAILABLE TO INJURED WORKERS UNDER ILLINOIS LAW

INJURED ON THE JOB? A SUMMARY OF THE RIGHTS AND BENEFITS AVAILABLE TO INJURED WORKERS UNDER ILLINOIS LAW INJURED ON THE JOB? A SUMMARY OF THE RIGHTS AND BENEFITS AVAILABLE TO INJURED WORKERS UNDER ILLINOIS LAW Law Offices ANESI, OZMON, RODIN, NOVAK & KOHEN, LTD 161 NORTH CLARK STREET AT RANDOLPH 21ST FLOOR

More information

Bowdoin College. Salary Continuation Plan for Administrative Staff

Bowdoin College. Salary Continuation Plan for Administrative Staff Bowdoin College Salary Continuation Plan for Administrative Staff Benefits under the Short Term Disability Salary Continuation Plan described in the following pages are provided and funded by the Employer.

More information

Tort Liability Act (412/1974) in this or another Act, this Act does not apply to liability for damages under

Tort Liability Act (412/1974) in this or another Act, this Act does not apply to liability for damages under NB: Unofficial translation Tort Liability Act (412/1974) Chapter 1 Scope of application This Act applies to liability for damages. However, unless otherwise provided in this or another Act, this Act does

More information

Key Workers Compensation Information, Australia

Key Workers Compensation Information, Australia Key Workers Compensation Information, Australia 2011 Disclaimer The information provided in this document can only assist you in the most general way. This document does not replace any statutory requirements

More information

CHAPTER 246 HOUSE BILL 2603 AN ACT

CHAPTER 246 HOUSE BILL 2603 AN ACT House Engrossed State of Arizona House of Representatives Fifty-second Legislature First Regular Session CHAPTER HOUSE BILL 0 AN ACT AMENDING TITLE, CHAPTER, ARIZONA REVISED STATUTES, BY ADDING ARTICLE

More information

10.4 The ICF and accident compensation in Australia

10.4 The ICF and accident compensation in Australia 10.4 The ICF and accident compensation in Australia John Walsh, Actuarial, PricewaterhouseCoopers Address for correspondence: john.e.walsh@au.pwcglobal.com Abstract This paper briefly describes the Australian

More information

A BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne

A BILL for AN ACT. Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne Serial 137 Personal Injuries (Civil Claims) Bill 2003 Dr Toyne A BILL for AN ACT to provide for the economical and early resolution of claims for damages for personal injuries before proceedings are commenced,

More information

How To Get A Medical Insurance Plan For A Motorcycle Accident

How To Get A Medical Insurance Plan For A Motorcycle Accident TR_Motorcycle_Kit_06-025 KitText.qxd 13-03-13 10:15 AM Page 1 InformatIon KIt for MOTORCYCLISTS Effective: November 1, 2012 What you need to know about your legal rights Personal Injury Litigators since

More information

National Trends and Developments in Workers Compensation

National Trends and Developments in Workers Compensation Over the last 25 years, injured and ill workers rights have been rolled back in many states. At the same time, employers are emboldened by today's economy to pressure workers not to exercise the few rights

More information

STATUTORY INSTRUMENTS. S.I. No. 582 of 2014 RULES FOR PRE-EXISTING PUBLIC SERVICE PENSION SCHEME MEMBERS REGULATIONS 2014

STATUTORY INSTRUMENTS. S.I. No. 582 of 2014 RULES FOR PRE-EXISTING PUBLIC SERVICE PENSION SCHEME MEMBERS REGULATIONS 2014 STATUTORY INSTRUMENTS. S.I. No. 582 of 2014 RULES FOR PRE-EXISTING PUBLIC SERVICE PENSION SCHEME MEMBERS REGULATIONS 2014 2 [582] S.I. No. 582 of 2014 RULES FOR PRE-EXISTING PUBLIC SERVICE PENSION SCHEME

More information

Workers Compensation Amendment (Transitional) Regulation 2012

Workers Compensation Amendment (Transitional) Regulation 2012 New South Wales Workers Compensation Amendment (Transitional) Regulation 2012 under the Workers Compensation Act 1987 Her Excellency the Governor, with the advice of the Executive Council, has made the

More information

LOUISIANA PERSONAL INJURY ACCIDENT BASICS

LOUISIANA PERSONAL INJURY ACCIDENT BASICS LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances

More information

Act on Compensation for Crime Damage

Act on Compensation for Crime Damage NB: Unofficial translation Ministry of Justice Act on Compensation for Crime Damage (935/1973) General provisions Section 1 (63/1984) (1) Compensation shall be paid from State funds for injury or damage

More information

INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE?

INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? INJURY LAW ALERT WINTER 2006/2007 ISSUE WHAT IS MEDICAL MALPRACTICE? Medical malpractice is a broad term used to describe a number of different kinds of lawsuits brought against doctors and hospitals.

More information

Work Injury Compensation Act. A Guide to the Work Injury Compensation Benefits and Claim Process

Work Injury Compensation Act. A Guide to the Work Injury Compensation Benefits and Claim Process Work Injury Compensation Act A Guide to the Work Injury Compensation Benefits and Claim Process Foreword This booklet provides a brief guide to the Work Injury Compensation Act which replaces the Workmen

More information

NO-FAULT COMPENSATION SCHEMES FOR MEDICAL INJURY: A REVIEW INTERIM REPORT

NO-FAULT COMPENSATION SCHEMES FOR MEDICAL INJURY: A REVIEW INTERIM REPORT NO-FAULT COMPENSATION SCHEMES FOR MEDICAL INJURY: A REVIEW INTERIM REPORT 1 NO-FAULT COMPENSATION SCHEMES FOR MEDICAL INJURY: A REVIEW Dr Anne-Maree Farrell, Ms Sarah Devaney and Ms Amber Dar School of

More information

How To Change The Law On Workers Compensation

How To Change The Law On Workers Compensation Overview 2013 Changes to the Tennessee Workers Compensation Act On April 29, 2013 Tennessee Governor Bill Haslam signed into law the Tennessee Workers Compensation Reform Act of 2013 (SB200/HB194). This

More information

Fault versus No Fault for Personal Injury

Fault versus No Fault for Personal Injury Fault versus No Fault for Personal Injury Reviewing the International Evidence Kirsten Armstrong & Daniel Tess PricewaterhouseCoopers Who Cares? Accident Comp insurance is General Insurance Very much a

More information

A new Return to Work scheme for South Australians

A new Return to Work scheme for South Australians A new Return to Work scheme for South Australians A policy statement to support the Return to Work Bill 2014 www.yoursay.sa.gov.au/yoursay/changes-to-workcover-august-2014-update Contents A message from

More information

An Overview of the Florida Statutes Dealing with Elder Abuse

An Overview of the Florida Statutes Dealing with Elder Abuse An Overview of the Florida Statutes Dealing with Elder Abuse By: Joseph W. Jay Fleece, III 2014 BaskinFleece Historically, Florida has a large retirement population most of whom are over the age of 65.

More information

Term Life. Product Disclosure Statement and Insurance Policy

Term Life. Product Disclosure Statement and Insurance Policy Term Life Product Disclosure Statement and Insurance Policy Administrator Intermediary The information provided in this PDS is general information only and does not take into account your individual objectives,

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Disease: solving disputes post 1 April 2013

Disease: solving disputes post 1 April 2013 Disease: solving disputes post 1 April 2013 This update examines the impact made by the Jackson reforms since their implementation on 1 April 2013 and looks forward to the extension of the RTA portal due

More information

Comparative Review of Workers' Compensation Systems in Select Jurisdictions

Comparative Review of Workers' Compensation Systems in Select Jurisdictions of Workers' Compensation Systems in Select Jurisdictions JURISDICTION: WASHINGTON ENVIRONMENT Population Size 5.5 million in 1996. Labor Force 2.8 million in 1996. Demographic and Economic Indicators The

More information

CLAIMS HANDLING GUIDELINES. for CTP Insurers

CLAIMS HANDLING GUIDELINES. for CTP Insurers CLAIMS HANDLING GUIDELINES for CTP Insurers Initially issued 2000 Reissued: 1 July 2004; 18 September 2006; 1 July 2008; 1 October 2008, 1 May 2014 INTRODUCTION The MAA Claims Handling Guidelines (the

More information

Employer s Liability in a Practical Context

Employer s Liability in a Practical Context Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An

More information

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk.

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk. 9 March 2015 Royal Commission into Institutional Responses to Child Sexual Abuse Submitted by email: redress@childabuseroyalcommission.gov.au Dear Sir/Madam CONSULTATION PAPER: REDRESS AND CIVIL LITIGATION

More information

Table of Contents. Selected Iowa Wrongful Death Laws and Rules

Table of Contents. Selected Iowa Wrongful Death Laws and Rules Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated

More information

Appraisal Report for Accident Compensation Corporation Claim Information Retention and Disposal Schedule

Appraisal Report for Accident Compensation Corporation Claim Information Retention and Disposal Schedule Appraisal Report for Accident Compensation Corporation Retention and Schedule January 2011 Table of Contents 1 EXECUTIVE SUMMARY... 3 2 APPRAISAL CIRCUMSTANCES... 3 2.1 PREVIOUS DISPOSAL AUTHORITIES...

More information