WHAT CAN BE DONE TO AVOID DEMERIT POINTS?

When a police fine for a speeding charge is paid or a conviction is recorded in Court, then demerit points are incurred* unless the Court is satisfied that the offence was ‘trifling’ or any other proper cause exists to reduce the number of demerit points. The Supreme Court recently considered the various grounds upon which a person charged with speeding might not incur demerit points. In the case before the Court, the driver pleading guilty to a speeding charge for which the Magistrate imposed a conviction and fine. He had been detected...

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WORK CAPACITY REVIEWS – WHO HAS TO PROVE THEM?

A person injured at work who has been incapacitated and in receipt of income maintenance payments under the SA Workers Compensation scheme for 130 weeks may be subjected to a Work Capacity Review to determine whether the Workers Compensation payments can continue. The question is, “Who has to prove whether the person injured has the capacity to work?” This is an important issue for anyone who has been injured at work and is receiving weekly income maintenance payments. The Supreme Court recently ruled that it is WorkCover who bears the...

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UNCERTAINTY ABOUT LUMP SUM COMPENSATION FOR INJURED WORKERS

A person who is injured at work and as a result suffers a permanent disability is entitled to a lump sum payment of compensation based on the percentage of impairment involved under section 43 of the Workers Rehabilitation and Compensation Act. A recent judgment of the Full Bench of the Workers Compensation Tribunal has noted the continuing confusion that exists with regard to an injured worker’s lump sum entitlements under the current law. In that case the worker suffered a severe injury at work in 2007 when a forklift drove over his foot...

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