Case notes by topic
injury compensationPage 2
Case notes tagged “injury compensation”.
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- Litigation & law practice
Mining slump no bar to $865k boilermaker verdict, specialist’s opinion ‘inexplicable’
Having accepted that a claimant's pain was genuine, a judge has rejected a doctor’s view that his symptoms were “inexplicable” and ruled that it would be “even more inexplicable” for the symptom to be unconnected to the severe…
- 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
Motorcyclist sues for stones on road, wins $1.3 million
Boral and a local council have been ordered to pay injury compensation for a motorcyclist losing control on loose stones washed onto road by heavy rain just days after they completed a roadway upgrade.
- Litigation & law practice
Is single-engine flying training a dangerous recreational activity?
Court rules single engine flying training is a dangerous recreational activity with an obvious risk of the plane not be able to land safely or the pilot might in an emergency situation, make an incorrect decision.
- Litigation & law practice
Mirvac nailed on railing, outsourcing no defence
Builders have a duty to inspect sub-contractor's work and if they ought to know they are incompetent, the builder can be held liable for the consequences of poor workmanship.
- Litigation & law practice
‘Some controversies should never be litigated’: plaintiffs to pay $1 mil costs after rejecting $600k offer
A long running feud among neighbours in an idyllic waterfront hamlet has ended after four months in court, with one set of protagonists ordered to pay the legal costs of the other and those of local police, estimated to exceed $1…
- Litigation & law practice
Kitchen worker handed $530k, medical specialist "disavows" earlier report
Kitchen worker wins $530k injury compensation for hand sliced apart after medical therapist "disavows" previous unfavourable opinion based on a misunderstanding of hand surgeon's report.
- 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
Fraser Island lake fall: state immunity claim fails, appeal judges rule for Irish tourist
Signs warning of some risk do not make all risks "obvious" for the purposes of Civil Liability Laws.
- Litigation & law practice
Mover injured walking desk through study, claim Fritzzed
To succeed in a personal injury compensation claim, the injured person must prove the injury was caused by a breach of duty owed to them or that something ought to have been done by that person that would have prevented the…
- Litigation & law practice
Suncorp pleads ‘clunker defence’: you knew it was a rust bucket, suck up your brain injuries
Taking risks with the mechanical state of a vehicle could void personal injury compensation for a resulting motor accident if the mechanical fault is the cause; failing to get clear of a vehicle in the middle of a busy highway…
- Litigation & law practice
Injured racer argues liability waiver too broad, CLA not applicable
The too broad drafting of an exclusion of liability clause in a motorcycle race training agreement, has allowed an injured racer to sue the organiser for injury compensation as a result of tragic Eastern Creek raceway accident in…
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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