PDA

View Full Version : WorkSafe Victoria a habitual litigant, says chief judge



Newshound
11-29-2013, 10:36 AM
The County Court's chief judge has warned WorkSafe Victoria to be more realistic about its legal battles against workers applying for compensation, which he says are putting pressure on the court.

Read more... (http://www.theage.com.au/victoria/worksafe-victoria-a-habitual-litigant-says-chief-judge-20131126-2y83l.html)

RobWatson
03-14-2014, 06:42 PM
I am a bit confused here. Worksafe Victoria has the right to disapprove any claim for compensation under its jurisdiction. It is the claimant that initiates the litigation. The court then looks for available dates on the docket for a hearing. The court may throw the case out on grounds or accept the case for testimony and perhaps a ruling. (Cases may still be thrown out on grounds in the litigant testimony phase too in an effort to not waste the court's time on hearsay or ill prepared cases.) The claimant must be able to prove damages in such tort cases, so the judge may propose a legal remedy in any potential settlement. The bottom line is the claimant must prove damages, not Worksafe Vic having to defend its right to disapprove claims. If the system doesn't work this way... it is contrary to the proper functioning of the court under Tort Procedures in such cases.