Case notes by topic
loss of earning capacity
Case notes tagged “loss of earning capacity”.
Newest first
- Litigation & law practice
BHP slammed on miner’s injury limitation block
BHP slammed for a questionable limitation strategy to try to prevent a graduate mine engineer exercising compensation rights after a serious injury in a Queensland coal mine.
- Litigation & law practice
Video footage beats up on hoist injury shoulder claim
Video surveillance an insurer claimed proved a claimant to be untruthful was explained away in the context of GP advice to attempt to drive and perform other activities to exercise his shoulder and arm.
- Litigation & law practice
‘Puzzling’ plaintiff paints confusing picture, sinks claim
The presentation is familiar enough. A labourer feels a twinge deep in his back after a heavy or awkward lift or pull but rather than report it, decides to takes it easy until end of his shift.
- Litigation & law practice
Wharfie put to ‘back-breaking’ work, employer not liable for back break
The dockworkers at Brisbane’s Cairncross slipway were under some pressure to complete routine hull maintenance, during the Sun-Princess’ two-day docking there in August 2009 in preparation for its next Pacific Ocean cruise.
- Litigation & law practice
Trucker beats suspicion in Nerang crash injury win
The insurer for an unidentified utility, unexpectedly stopped in the “slip lane”of the M1 Nerang-Broadbeach Rd exit, will pay $112k in injury compensation damages for a swerve-to-avoid accident in which a semi-trailer collided…
- Litigation & law practice
Hailers at peril with traffic stopping moves
An inebriated football fan - who baulked at paying the cover charge for entry to an Underwood nightclub - has won $70,000 in damages for injuries received when struck by a maxi-cab he had attempted to stop outside the venue in…
- Litigation & law practice
Golf pro’s prang: prize money dictates ‘paltry’ earnings loss
Outstanding deeds from elite athletes demand all their ducks rowed neatly and just a feather out of place can ruin a performance or even a promising career.
- Litigation & law practice
Benevolent Bunnings
A "technologically dumb" store clerk injured in a company-sponsored game of tunnel ball in August 2008, has been awarded $270,000 personal injury compensation following a two-day trial in Brisbane.
- Litigation & law practice
Court slams specialist’s secret video view backflip
A $1.28 million damages claim was rejected last week amid controversy over the extent to which video surveillance evidence contradicted a plaintiff's testimony as to the seriousness of his motor accident-related neck and back…
- Sexual abuse
Exemplary damages for sexual abuse and trespass: when can you get them?
Recent claims for trespass, battery relating to sexual abuse and wrongful imprisonment well illustrate the discretionary issues to be weighed in awards for exotic damages and demonstrate how the CLA and PIPA do not apply to suits…
- Litigation & law practice
Allianz a slave to doomed appeal strategy: accident injuries confirmed genuine
Bitter as they were over the trouncing of their case that mill worker Robert Girone had fabricated his motor accident injury symptoms, Allianz took the case on appeal to resurrect the view of orthopaedic surgeon Dr Toft that his…
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
Hurt and not sure where you stand?
A no-obligation first consultation. A lawyer reads every enquiry, and we will be in touch within 1–3 business days.