A worker who claims he suffered a psychological injury from his employer wrongfully initiating criminal charges against him, gave notice of the injury within the required time when he complained to an ombudsman, a court has found.
An employer has failed to recover, from two other companies, the $10.5 million in damages it paid to a catastrophically injured worker, after an appeals court found there was no evidence the companies' alleged safety breaches caused the injuries.
An employer that claimed legal professional privilege over surveillance footage of a workers' comp claimant, with the intention of waiving that privilege during its cross-examination of the man at an upcoming hearing, has been ordered to provide him with copies of the footage.
The High Court has handed down its reasons for its August decision to uphold a $425,000 damages claim, and confirmed that hindsight can be used to determine whether a cause of action accrued before an injury was detected.
The binding UK authority on personal injury claims shows that an asbestos-related cause of action accrues when the damage becomes "more than negligible", regardless of whether it is detectable at the time, the High Court of Australia has been told.
The High Court will determine whether a mesothelioma-related cause of action arises at the time asbestos is inhaled or when the symptoms of the disease become apparent, after an employer was granted special leave to appeal against a $425,000 damages award.