Neil Keene

Senior Associate

Qualifications: LLB/BA

Practices

Expertise

  • Experience working at an insurer and in legal practice in the Western Australian workers’ compensation scheme since 2012.
  • Provides advice to insurer and insured clients on complex areas of law under the Workers’ Compensation and Injury Management Act 1981.
  • Prepares and institutes proceedings in the Conciliation and Arbitration service at WorkCover WA on a wide range of disputes under the Workers’ Compensation and Injury Management Act 1981.
  • Advises insurer/insured clients in respect of common law and recovery prospects and proceedings in the District Court of Western Australia.
  • Implements cost effective strategies to bring about swift resolution of claims.

 

Experience

  • Conducted an internal finalisation project/audit for an insurer’s claims portfolio to identify claim resolution strategies and negotiate resolution of long tail claims.
  • Prepared and presented on training program for an insurer on weekly compensation payment calculation under the Workers’ Compensation and Injury Management Act 1981.
  • Participated in a ‘claims clinic’ program for an insurer allowing case managers with complex claims to get fast tracked liability and/or strategic advice on claims.
  • Successfully opposed liability for weekly compensation payments for a workers’ compensation claim on the basis that the claimant had not adduced sufficient evidence to support any incapacity despite the claimant not working for two years and being able to prove they had sustained an ‘injury’ under the Workers’ Compensation and Injury Management Act 1981.
  • Prepared a complex case in the Arbitration Service involving whether a claimant was a ‘worker’ under the Workers’ Compensation and Injury Management Act 1981 and whether an ‘injury’ was sustained in the course of employment where there were questions as to the establishment of a ‘contract’ between the alleged employer and claimant.
  • Prepared an Appeal in the District Court of Western Australia disputing an Arbitrator’s ability to strike out a concurrent section 60 application under the Workers’ Compensation and Injury Management Act 1981 in a preliminary determination in circumstances where the claimant had not adduced the medical evidence in oppositon of the application.
  • Provided advice in and resolved a complex dispute involving two insurers over several risk periods for both a psychiatric and physical injuries claim with multiple injury events over both insurers’ period of risk.

Professional Membership

  • Law Society of Western Australia