Case notes by topic
injury compensationPage 8
Case notes tagged “injury compensation”.
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- Litigation & law practice
Rocklea motorcycle appeal: Suncorp goes down; court slots Q.C.’s domestic ignorance; gives O.T. glowing reception
In a joint judgment, three appeal judges last week admonished QC Syd Williams for a "lack of understanding about domestic tasks" over trivialising gratuitous care submissions that had found favour with the trial judge, "rather…
- Litigation & law practice
Privilege prevails over staff expert records: defendants to gain forensic advantage
Breast Screen Queensland was last week protected by a Supreme Court ruling from disclosing internal communications pertaining to the negligent diagnosis claim of a Cairns patient who underwent screening in 2007 and 2009.
- Litigation & law practice
Jack-knifing trailer kills on single lane bridge: Suncorp keeps most $ but loses on costs
The Supreme Court on Friday ordered that a "stoic" plaintiff awarded $200,000 for the death of her 66-year-old workaholic husband should also recover indemnity costs after beating her earlier open offer to accept half that sum.
- Litigation & law practice
Insurer intoxicated after pedestrian hit on appeal: take a further 20% off
Allianz failed to overturn a $160,000 running down verdict on the grounds the trial judge had engaged in unsupported speculation by relying on her “own experience in life” to conclude that its insured driver had failed to keep a…
- Litigation & law practice
Chancer’s claim falls flat: WorkCover defeats thoroughly dodgy pretender
The spectacular collapse last month of a "deceitful" plaintiff's injury compensation claim was for once a magnificent vindication of the (usually unsubstantiated) suspicions that insurers invariably hold of workplace injury…
- Litigation & law practice
Delinquent plaintiff punished: "off with his head!"
A “draconian” guillotine order that has the effect of automatically dismissing a motor accident injury compensation claim - should the plaintiff fail to observe the court’s requirements - was made last month in the District Court.
- Litigation & law practice
Taxi abandons drunk passenger "on road to Jericho": QBE picks up bulk of $760k tab for widow
A landmark judgment that traverses multiple aspects of the law of negligence this week delivered more than $760,000 to a Gold Coast social worker following her intoxicated partner’s dumping out of the back door of a Regent Taxi…
- Legal profession
State defeated on workers’ claims: just how unsafe are Southbank slabs?
Workers have succeeded twice in two weeks against operators of Brisbane's state-owned Southbank complex, defeating arguments that their only rights lay in workers' compensation.
- Litigation & law practice
Miner extracts $860k from Rio Tinto: Lawn-mowing plays part in ankle injury damages
The Supreme Court last week ordered* a Rio Tinto company to pay a 50-year-old dragline operator $864,686.58 damages as compensation for injuries sustained at its Hail Creek Mine, 90 km south-west of Mackay.
- Litigation & law practice
Limitation bar set high…and plaintiffs must carry defendants’ baggage with them
The Court of Appeal reminded plaintiffs on Friday* that the bar to be cleared for an extension of time beyond a limitation period is high and that in each attempt, they bear an additional degree of difficulty by being required to…
- Litigation & law practice
‘Unjust’ law side-stepped: WorkCover sure to prevail on parliament to fix
The court of appeal has given workers – and parliament - the benefit of the doubt in construing statutory provisions designed to restrict payouts for loss of services to injured workers.
- Litigation & law practice
Resort death shock: when a separate WorkCover assessment is required
Part of a Gold Coast security guard's psychiatric injury attributable to post-incident events will be un-compensable, following WorkCover’s successful strike out application in the Supreme Court last week*.
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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