Case notes by topic
workers compensation and rehabilitation actPage 5
Case notes tagged “workers compensation and rehabilitation act”.
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- Litigation & law practice
Worker absolved of sins of delay, lives to fight another day
A seriously injured truck driver "of limited education" has won the right to pursue motor accident compensation damages after a last gasp limitation extension hearing to rectify his lawyers' jurisdiction selection decision.
- Litigation & law practice
Sixteen schooner a day miner survives tax and drug slurs: escapes with $380k and pride
In a Supreme Court verdict published last week, a Cardwell mine worker's exaggerated recovery from youthful sporting injuries slashed the compensation awarded for his August 2005 work site accident at Century Mine in Queensland's…
- Litigation & law practice
Claimants hold $350k on appeal: paper lift training needed, how to keep safe from assault
Appeal court battles - intimidating even the most experienced lawyer – can gain a sense of the surreal for plaintiffs who win a contested trial, only to have an insurer turn around to have a second crack at knocking out their…
- Litigation & law practice
Mill worker’s case crushed: Rejected statutory claim shuts gate on NOCD back injury damages
The crushing this month of a Mackay sugar mill worker’s common law damages claim for an over-period-of-time back injury illustrates well the potentially fatal consequences of how statutory compensation applications are completed…
- Legal profession
Paint tinter’s limitation loss shines light on rights information censorship
The recent Supreme Court failure of a worker's limitation extension application has highlighted once again how the statutory censorship regime that applies in Queensland to lawyer statements about personal injury claims, can…
- 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
Green light for plaintiff’s second crack: Double D’s can double these ($$)
The line of authorities that demonstrates how plaintiffs might recover double damages against joint tortfeasors was bolstered on Thursday by a Supreme Court ruling that dismissed* an abuse-of-process strike out attempt from…
- 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
‘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*.
- Litigation & law practice
Council denies liability for bus driver bashed while guarding its cash
A 42-year-old bus driver attacked by an unknown assailant with a piece of timber at 7 p.m.
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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