Case notes by topic
workers compensation and rehabilitation actPage 2
Case notes tagged “workers compensation and rehabilitation act”.
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- Litigation & law practice
Meat worker boned, inconsistencies and exaggeration sink claim
Coominya abattoir operator Green Mountain, has escaped liability for a back injury to an 18-yr-old boning room worker after a Brisbane judge ruled the labourer's evidence of how the injury occurred and the extent of his symptoms…
- Litigation & law practice
Qantas airport worker wins $225k, occupational physician ‘partisan’
A Qantas baggage handler injured unloading a Boeing 767 aircraft at Cairns airport has won a $225k damages claim.
- 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
Difficult-to-drive crane in out of control road crash, employer not liable
A construction supervisor has claimed his employer liable for crash injuries for not warning him of the unsuitability of Franna cranes in road travel.
- Litigation & law practice
Deficient tools decide damages demand for "poor historian", wins $680k
A history of deficient tools failing on the job and unresolved safety complaints helped a worker prove his employer caused his back injury.
- Litigation & law practice
Vulnerability no bar to bullied shoppie’s $1.2 mil damages ask
A claimant's high vulnerability to psychological injury does not reduce an employer's responsibility for the consequences of bullying but is relevant in assessing the financial loss sustained.
- 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
Workcover bruised on 1, 2, 3 self-defence training technique, psych nurse collects
Liability of instructor in self-defence training can be mitigated by teaching the different parts of a technique separately before they are combined.
- 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
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…
- Opinion
Dear America: A letter from home down under
The relish with which contra-consumer measures have been legislated by governments of all persuasions since 2002, represents a stamp of the foot by the political class and big business, in retaliation against the citizenry for…
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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