Browsing: Workers' comp decisions (VIC)


Regulator's recovery case beaten by own OHS evidence

A regulator has failed to recover injury payments from a workplace occupier accused of negligently causing the injury, after one of the regulator's inspectors filed a report saying the allegedly unsafe area of the site was in "adequate condition".


Employer responded reasonably to psych risk: judge

Courts should not place an "absolute and unremitting" duty of care on employers to protect the mental health of their employees, a judge has warned in dismissing a psychologically injured worker's negligence claim.


Mine firefighting work caused autoimmune lung disease

A superior court has confirmed that the debilitating lung condition suffered by a worker who spent 14 weeks working to contain the Hazelwood Mine fire was caused by his employment.


Employer's training records defeat negligence claim

A worker seeking damages has failed to prove he was not properly trained in his employer's new communication and defect reporting systems, and this caused him to suffer injuries on a defective seat.


Employer not liable for unsuitable-ladder injuries

An employer has successfully defended a claim that it negligently provided a dangerously unsuitable ladder to workers, with a court finding it did not leave the ladder in the unsecured position alleged by a worker and a regulator.


Unsafe electrical work; Injury fraud; COVID duties; more

  • Substandard electrical work created fatal risk, individual fined;
  • Workers' comp fraudster caught doing ride-share work;
  • Inspection launch highlights work-related COVID duties in Vic; and
  • New gas safety framework commences in Tas.

Prosecutor's $435k PTSD payment overturned

A public prosecutor's $435,000 damages award, for post-traumatic stress disorder resulting from exposure to "abhorrent" crimes, has been quashed in an appeals court ruling on causation.


Non-compliant step injures worker, who wins damages

Two employers that failed to identify and rectify a step that didn't comply with Australian Standards have been ordered to pay damages to a worker who sustained injuries descending the step.


Bali paddle-boarding injury arose from employment

The overarching aim of an employer's overseas conference for employees made the company liable for a worker's paddle-boarding injury, in accordance with a High Court test, a magistrate has found.

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