Browsing: Workers' comp decisions (QLD)


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.


RTW plan was reasonable, despite perception of flaws

A worker has unsuccessfully claimed her employer unreasonably rejected her "return to work conditions" aimed at protecting her from the "semi-hostile" workplace, making it liable for her psychological injury.


Worker exposed to excessive vibrations awarded $1.5m

An employer has been ordered to pay nearly $1.5 million in damages to a worker with white finger syndrome, for allowing him to operate machinery with dangerous vibration levels for far more hours per shift than advised by engineers and safety guidelines.


Employer not liable for drunk co-worker's act in unit

An employer is not liable for a worker being urinated on by an intoxicated colleague, but companies do have a safety duty to protect personnel from "unpleasant" interactions in accommodation facilities, a superior court has found.


Hasty redundancy process injured worker

An employer has been found liable for a worker's psych injury because it "blindsided" him with a redundancy meeting shortly after he returned to work from long-term sick leave, during which he was induced to believe his job was secure.


Jail for $270k workers' comp fraud upheld on appeal

A worker jailed for workers' compensation fraud, involving a dog attack and nearly $270,000 in payments, has unsuccessfully argued, on appeal, that his prison sentence was manifestly excessive.


Damages for unsafe-seat injury boosted to nearly $1m

A worker who successfully sued his employer for negligently providing him with a faulty vehicle seat has been awarded an additional $202,708 in damages, with an appeals court finding a trial judge underestimated his likely economic loss from a back injury.


Injury accrual rights confirmed by follow-up judgment

A commission has reaffirmed that workers' compensation payments constitute "pay", as established in a recent important decision on the relationship between workers' comp arrangements and the accrual of annual and sick leave.


Work spray didn't trigger worker's chemical sensitivity

A court has rejected a worker's claims her employer caused her to develop a debilitating chemical sensitivity syndrome by negligently failing to prevent a common cleaning chemical from being used in her presence.


Employer's mobile-plant failings didn't cause injury: judge

An employer failed to take reasonable care of a worker in allowing unqualified personnel to operate mobile machinery, but was not responsible for the injuries the worker sustained after he threw a heavy object at an inexperienced operator, a court has found.

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