Browsing: Workers' compensation court and tribunal decisions


Excessive sitting claim dismissed

A tribunal has rejected a worker's claim that he developed a back injury from prolonged workplace sitting. The worker contended his case was supported by his employer's safety documents on sedentary risks, and a failure to provide him with an adjustable desk in a timely manner.


Convoy injury satisfies "substantial connection" test

The decision of two workers to drive home in convoy after night shifts created a "real and substantial connection" between their employment and an accident that led to one of them developing post-traumatic stress disorder, a commission has ruled.


No breach found in storing undelivered stock on ground

An employer's system of storing stock on the ground in its busy warehouse made commercial and operative sense and was not negligent for a number of reasons, an appeals court has confirmed in rejecting an injured worker's claim for damages.


Worker suffered CO poisoning one day after CO fatality

A company has been ordered to pay a worker more than $1.5 million in damages, after he suffered permanent brain damage from inhaling carbon monoxide in a work vehicle, just one day after another driver was found dead in the car.


Pain impairment assessments vary from five to 56%

A superior court has ordered the redetermination of worker's chronic pain claim, after finding earlier decisions against the man failed to abide by the strict diagnostic criteria for these types of conditions.


Wilful misrepresentation claim against injury fails

An employer's efforts to block an injured worker's access to compensation irrelevantly "verged on seeking to identify a contribution by [the worker] to his circumstances", a tribunal has ruled.


Stern "informal" counselling caused psych injury

A commission has cautioned employers against doing away with procedurally fair processes when managing incidents deemed less than serious, in finding an employer caused a worker's injuries by not giving her a proper opportunity to respond to a complaint involving a police officer.


Pollution-fatality link overturned, for now

An appeals commission has quashed a decision that a worker's fatal heart attack was caused by work-related road pollution, finding the decision maker failed to assess the "status of the conclusions reached" in studies on the link.

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