Browsing: Workers' comp decisions (TAS)

Despite the fact that a worker's ankle injury occurred in his employer's VIP car park, a Tasmanian tribunal has found he was not at his "place of employment" and rejected his compensation claim.

A worker who was required by law, and her employment duties, to report disclosures of abuse to authorities, is entitled to workers' compensation for an injury she suffered from a court appearance, where she was "vigorously" cross-examined, a tribunal has ruled.

An employer cannot avoid liability for the injuries sustained by a worker in a football game, with his colleagues, through a doctor's vague suggestion that the game was not work-related.

A full supreme court has upheld a $1 million-plus damages award to a workplace volunteer, after finding a WHS duty holder created a situation "fraught with risk and danger" that drove his failure to take reasonable care for his own safety.

Employers cannot avoid liability to injured workers, thought to have wholly or substantially recovered from their conditions, through provisions aimed at providing a "speedy" resolution to questionable claims, a superior court full bench has found.

A "frustrated" injured worker who was "uncontactable, unresponsive and abusive" to those involved in managing his rehabilitation has been issued a list of actions, by a judge, which he must take to regain his payments.

An employer has been ordered to produce its first-aid records and incident reports from the past 10 years, for an injured worker's bid to show the workplace's vibrations and "jolts" were capable of causing serious neck, back and hand conditions.

A superior court has quashed a finding that an occupational physician's incomplete answer in a report on a worker's injury was a deliberate omission pointing to a link between the injury and computer work.

A tribunal has rejected an employer's claim that a worker's post-traumatic stress disorder, diagnosed eight years after a traumatic incident, is secondary to his physical injuries and doesn't contribute to his permanent impairment entitlements.

A medical expert engaged by an employer's insurer failed to explain why he reversed his finding that a worker's neck injury was caused by a work incident, a superior court has found in rejecting the employer's fight against liability.