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

A major clothing retailer had a system for lightening trolleys but failed to enforce it, negligently allowing workers to choose their own method of loading and unloading them while under pressure to meet quotas, a superior court has found.

A psychologically injured worker has been awarded $1.73 million in damages, after a court rejected evidence from his former employer about events at a hotel during a work trip, which led to his dismissal.

An employer might have provided workers with safety stools to help them reach high objects, but the pace of the work and the scarceness of the stools meant they couldn't be used practically, a court has found in awarding a worker more than $800,000 in damages for a manual handling injury.

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.