Browsing: Workers' compensation court and tribunal decisions | Page 1

A commission president has upheld an employer's liability for a worker's injuries that occurred after she left her workplace to turn off her car light, confirming that her role permitted her to authorise her own absence.

Surveillance footage of an injured worker performing odd jobs at her husband's workplace impugned her credibility, but this did not mean her "lost" capacity could be ignored, a judge has found in green-lighting her damages claim.

• Director breached due diligence duties for 18 months;
  
• Decriminalisation Bill improves WHS standards in Qld; and
  
• Social media post exposes workers' comp fraud.

A worker who claims his employer negligently caused his injuries through his physically demanding role, which included walking long distances, has been granted permission to sue for damages, with a court rejecting the employer's contention that he should have lodged his claim at least 13 years earlier.

An injured worker has failed in his appeal for damages, unsuccessfully contending his employer had a duty to warn him to keep his hands free so he could use a handrail on a set of "inherently dangerous" steps.

An appeals bench has upheld a finding that a worker's failure to obtain a COVID-19 vaccine while she was injured amounted to a breach of her return-to-work duties and warranted her benefits being cut.

• Major fire attracts Commonwealth WHS charges;
  
• Director charged over apprentice's 30km toolbox ride;
  
• Local council sentenced for failing to forward injury claim;
  
• Noise duties highlighted for WHS blitz in SA; and
  
• WHS Codes of Practice updated in ACT.

A worker who was bullied and called a "s-x offender" by colleagues, after being charged with historical abuse offences, has been awarded compensation for a psychological injury, with a commission hearing the bullying included being excluded from Christmas functions, and dismissing the employer's reasonable action defence.

An appeals court has confirmed that a step's defective non-slip strip, which was missed by safety inspections, remained in place through the negligence of two companies and caused a worker to fall, entitling him to more than $1 million in damages.

The employer of a worker who suffered a "severe overload" injury has unsuccessfully attempted to block his entitlements by making the novel claim that its inability to provide enough staff constituted reasonable administrative action.