Browsing: Workers' comp decisions (National)


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.


Injured worker "held hostage" by treatment for 20 years

An injured worker who received hundreds of chiropractic sessions over two decades was "held hostage" by her chiropractor and the treatments likely prolonged her symptoms, a tribunal has heard.


Rehab session could not have contributed to carpal tunnel

A tribunal has rejected a worker's claim that rehabilitation treatments she was provided for a work injury aggravated her previously asymptomatic carpal tunnel syndrome and as a result, made it a work-related condition.


Employer not liable for occupational assessment remarks

An occupational physician's comment to a worker that he might be made redundant was not work-related and his employer was not liable for any consequential mental injuries, a tribunal has found.


Mouse pain doesn't point to employment injury

A worker did not bear the onus of proving her work caused her pain condition, but still needed to provide enough evidence to articulate a case for her claim to proceed on, a tribunal has highlighted in rejecting her claim for a mouse-related injury.


Unreasonable pressure to attend meeting caused injury

A manager and an HR adviser unreasonably rejected a worker's request to delay a meeting on his performance so he could have his preferred support person with him, a tribunal has ruled in finding his employer liable for his psych injury.


High Court test applied in RTW, absence case

A tribunal has rejected claims that a worker, whose mental illness was aggravated by a return-to-work process, was not injured "in the course of employment" because he had not commenced any actual work.

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