Highlighting the flaws in an expert report on job rotation, obtained by an injured worker, has helped two employers successfully challenge a ruling that they breached their duty of care to the worker by requiring her to perform repetitive tasks.
Comcare has been cleared of liability for a worker's sedentary and manual handling injuries, but its claim that her incapacitating secondary psychological illness, which arose from working with pain, was no longer work-related has been rejected.
Workers' compensation laws limiting or blocking damages claims "in respect of" a workplace injury do not necessarily apply to claims made by third parties affected by the incident, a recent superior court ruling on a fatality has shown.
An employer has been granted a second opportunity to challenge claims that a worker's work injury was causally connected to her fatal heart attack, which was triggered by the stress of attending a hearing to defend her workers' comp claim.
A worker who fell through a workplace roof while investigating a malfunction, which he noticed while driving past the site outside of his normal hours, was not contributorily negligent, a court has found in awarding him nearly $1 million in damages for his injuries.
An employer that accused an injured worker of workers' comp fraud has been ordered to pay the man $350,000 in damages, with a judge finding it negligently failed to implement a safe system for a frequently repeated task.
A major employer has been found liable for a worker's psychological disorder, with a commissioner stressing that the tone and demeanour of managers will always be relevant when determining whether their actions were reasonable.