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Insurers - Loss of Privilege in Qualified Medical Reports and Expert Evidence: Fadlallah v Insurance and Care NSW (2021) NSWCATAD 304
Tuesday 9 November 2021 / by Nick Maley & Peter Kefalas posted in Workplace Relations Workers Compensation Regulation 2016 (NSW) Personal Injury Commission

In the recent decision of Fadlallah v Insurance and Care NSW (2021) NSWCATAD 304, the New South Wales Civil and Administrative Tribunal (NCAT) found that there was no legal professional privilege in a report obtained by a workers compensation insurer’s lawyer to meet and deal with a claim for permanent impairment compensation.

This decision is a reminder that careful consideration must be given to the process of how medical experts are briefed by insurers and their lawyers.

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