Browsing: Workers' comp decisions (NSW)


Toll fails to reduce injury payments in partnership ruling

A logistics giant has failed to slash an injured contractor's workers' compensation payments by 75 per cent, after an appeals tribunal rejected arguments that the deemed figure did not accurately reflect a partnership arrangement with his wife.


Workplace disregard for PTSD exacerbated injuries

A tribunal has found that callous treatment by co-workers in the years following a traumatic workplace incident exacerbated a worker's post-traumatic stress disorder and contributed to her adjustment condition.


Primary contractor bears liability for $1.35m award

A superior court has awarded $1.35 million in damages to an injured labour-hire worker, after finding the head scaffolding contractor at the site where the injury occurred was negligent in failing to provide an exclusion zone or establish a safe system of work.


Email allegations caused "horror" and injuries

An employer's act of emailing a worker allegations that she mismanaged COVID-19 protocols, just an hour before a disciplinary meeting, caused her "shock, horror and confusion", a commission has found, ruling the employer is liable for the psychological injuries she developed as a result.


Cannabis dealing blocks knife victim's compensation bid

A worker who was the victim of a knife attack while at work engaged in illegal activities that took him out of the course of his employment, a commission has ruled in finding his employer isn't liable for his psychological injury.


Surgery deemed unreasonable and unsafe, under injury Act, for amputee worker

A high-risk operation described as an injured worker's "only shot at ever walking again" is not a reasonably necessary treatment that his employer must pay for, a commission has found, after hearing the procedure would probably fail and could kill the man.


Worker permitted to seek dust damages for four diseases

A worker has been granted permission to pursue damages from four companies, including his alleged former employer, with a judge ruling that one of his four serious health conditions could be a dust-induced lung disease.


Worker wins $1m for repeated backward glances

An employer's failure to ensure a worker didn't need to constantly glance backwards while operating a machine - by, for example, installing a mirror or rear-vision camera - was a breach of its common law duty, an appeals court has found.


Safety regime, surveillance efforts too focused on error

A major employer's "efficient" safety regime was commendable but appeared to be "too keenly attuned to the perception of error", a commission has found in upholding an injured worker's bid for lump sum compensation.

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