Browsing: Workers' comp decisions (NSW)


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.


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.


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.


Unsafe BHP work road caused PTSD

Resources giant BHP has been ordered to pay nearly $600,000 in damages to a worker who was injured in an incident that also attracted a safety fine. The man hurt his back and developed post-traumatic stress disorder after an unsafe BHP road forced him to engage in dangerous driving.


Communication gag causes compensable psych injury

A misstep in an employer's otherwise "exemplary" process for dealing with a worker, after he was accused of making racist remarks in a break room conversation after the Manchester bombing, has made the employer liable for his psychological injury.


WHS injury re-examination quashed by appeals court

A major employer has successfully challenged a worker's bid to be re-examined for his claim for a lump sum payment for his WHS-related psych injury.


High Court blocks fight against mother's "shock" claim

The High Court has rejected an employer's bid for special leave to appeal against a ruling that a woman who received death benefits under NSW workers' compensation laws, after her son was killed, is also entitled to pursue damages in her home state of South Australia.

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