Browsing: Workers' comp decisions (SA) | Page 9

An Australian employer has unsuccessfully argued that if it is found liable for injuries a worker sustained in a job performed entirely in a foreign country it will be put at a commercial disadvantage, and this cannot be the intent of workers' comp laws.

An employer found to have demonstrated "indifference" to the health and safety of workers affected by its undertaking has failed to overturn a damages ruling in favour of a retail giant.

An employer's lack of policies for preserving CCTV footage of workplace incidents and failings has led to it being found vicariously liable for a worker s-xually harassing and injuring a colleague.

A tribunal full bench has confirmed that a worker was entitled to the cost of gastric bypass surgery to manage a work injury, even though the procedure failed to prevent her from requiring further surgeries.

A tribunal full bench has quashed a finding that a worker psychologically injured by a workplace prank has a "serious" injury entitling him to uncapped weekly benefits and medical expenses.

A judge has highlighted four serious concerns with an employer's drug and alcohol policy, in ruling that an injured worker wasn't guilty of serious and wilful misconduct in refusing to undergo a urine test ahead of his return to work.

• Two "casual" PCBUs fined 2% of maximum WHS penalty; and
  
• Regulator wins second bid to challenge death benefits award.

A tribunal full bench has declined to determine the degree to which non-employment-related factors contributed to a psychiatric injury because none of them were "significant" causes, in a case involving a worker who was weaning off antipsychotic drugs and experiencing marital problems.

A worker bore the onus of proving his work-related knee injuries caused him to fall at home and dislocate his shoulder, but he failed to discharge his burden of proof, with his inconsistent memory of events suggesting he made them up, a judge has found.

A travelling worker's work vehicle does not always constitute a "place of employment", a judge has ruled in a case involving a worker who was injured at the end of a journey home.