Browsing: Workers' comp decisions (VIC) | Page 3

Workers do not need to exhibit obvious signs of distress or vulnerability for the risk of psychological injury to be foreseeable and enliven the duty to take measures, an appeals court has found in a workload case examining an important High Court judgment.

A company's system of work, which hinged on a "nod or glance", was "inherently flawed and unsafe" and caused an injury that resulted in permanent incapacity to an underground miner, a court has ruled in awarding the man nearly $2 million for the company's negligence.

Facebook posts showing an injured worker having "fun times in Miami" and engaging in "social, domestic, and recreational activities" on a trip to Africa, have undermined her bid for common law damages.

A company has lost its renewed bid to avoid a hefty compensation bill, with an appeals court rejecting its claim that an incident that injured a delivery driver at one of its worksites was a "transport accident" that wasn't covered by workers' comp laws.

In an exhaustive analysis of the evolving area of employer vicarious liability, a superior court has found a company is not liable for the injury-causing actions of a security guard who drew his gun and pointed it at the head of a co-worker.

An employer has been deemed liable for the psychological injury sustained by a worker who was attacked, most likely by the partner of a "high risk" client, on her way to work. A judge found the employer failed to act on its knowledge of the immediate risk the partner posed to the worker.

A worker, who accused his employer of negligence, has been denied permission to pursue a second damages claim, after a judge found his second injury arose out of the same circumstances he relied on in his first, dismissed application.

A company has been granted permission to challenge a $237,000 damages award and ruling that it negligently contributed to a worker's injury, with an appeals court finding the trial judge failed to address the central issue of whether the worker was actually directed to perform the injury-causing task.

A judge has granted a worker permission to pursue damages for pain and suffering caused by a crush injury incurred in his employment back in 2011, dismissing a regulator's contention it could be inferred, from surveillance footage of equipment on his vehicle and other factors, that his claims weren't credible.

A worker diagnosed with a psychologically driven pain syndrome, after falling at work a decade ago, has been awarded about $650,000 in damages, with a judge finding her employer negligently failed to tackle the risk of slipping on tiles.