Test a heart attack or stroke claim against the employment test

Key facts

Human involvement
YellowClose supervision
How AI is used
From the diagnosis and the work, using a firm-controlled tool, table the heart-attack or stroke test the opened pages state for that scheme, including where no separate test was found. Do not decide the claim.
What the lawyer must review
  • Decide whether the opened test for a heart attack or stroke is met.
  • Do not copy one state's heart test into another scheme.
  • Read the whole definition. These injuries are wider than the common name.
  • Health and wage records stay in a firm-controlled tool. Apply ASCR r 9, APP 11, and the notifiable-breach test.
Written for / version
NSWVICQLD

Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD

Who does what

Who does what
RoleWhat they do
AssistanceFrom the diagnosis and the work, using a firm-controlled tool, table the heart-attack or stroke test the opened pages state for that scheme, including where no separate test was found. Do not decide the claim.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Match the diagnosis to the definition the opened page uses before applying the employment test.
  2. In New South Wales, ask whether the nature of the employment gave rise to a significantly greater risk. Do not add a main-contributing-factor element.
  3. In Victoria, use significant contributing factor from 3 December 2003, including where the event was spontaneous or linked to vascular disease.
  4. In Queensland, stay inside section 32. Do not invent a heart-attack section.

Sources

The Victorian death page uses a heart attack as an example of a death that may be hard to class as work-related. That is not the contribution test. The claims manual states the test.

Section 9B and section 32 were read on AustLII. Confirm both official sites.

If health or wage records leave the firm-controlled tool, decide whether a Privacy Act 1988 (Cth) breach is notifiable.

Related tasks

Related tools

Related jurisdictions