Browsing: Workers' compensation court and tribunal decisions


Regulator's recovery case beaten by own OHS evidence

A regulator has failed to recover injury payments from a workplace occupier accused of negligently causing the injury, after one of the regulator's inspectors filed a report saying the allegedly unsafe area of the site was in "adequate condition".


Employer responded reasonably to psych risk: judge

Courts should not place an "absolute and unremitting" duty of care on employers to protect the mental health of their employees, a judge has warned in dismissing a psychologically injured worker's negligence claim.


Mine firefighting work caused autoimmune lung disease

A superior court has confirmed that the debilitating lung condition suffered by a worker who spent 14 weeks working to contain the Hazelwood Mine fire was caused by his employment.


Nurse's return-to-work duties contributed to carpal tunnel

The causation of carpal tunnel syndrome continues to be a vexed issue for workers' compensation tribunals, with one recently concluding that a nurse's work in a busy emergency department was a significant contributing factor in her developing bilateral CTS.


Worker wins $5.6m for injuries triggered by site clutter

An employer's failure to address the obvious risks posed by its "incredibly cluttered" warehouse set off a "catastrophic" sequence of events, and has led to a $5.6 million damages award to an injured worker.


Employer liable for aorta injury from emotional distress

A worker's emotional distress from his newly created role inflaming rather than easing tensions between departments, and becoming increasingly complex, was a significant contributing factor to his high blood pressure and aorta tear, a tribunal has found.


Injured worker's filmed endeavours don't block claim

An employer has unsuccessfully claimed a worker's robbery-related psych injury has resolved and surveillance footage of him participating in creative endeavours shows he is malingering. Such footage "cannot capture the [worker's] psychological state", a tribunal stressed.


Full Court upholds ruling on 8-hour dinner, interval injuries

A full Federal Court has upheld two decisions denying compensation to a worker who was injured at the end of an eight-hour dinner-and-drinks session with a colleague on a work trip, but suggested it was a "borderline" case that could have gone the worker's way at first instance.

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