Browsing: Workers' comp decisions (NSW)


High Court blocks fight against mother's "shock" claim

The High Court has rejected an employer's bid for special leave to appeal against a ruling that a woman who received death benefits under NSW workers' compensation laws, after her son was killed, is also entitled to pursue damages in her home state of South Australia.


$2.5m award upheld in contributory negligence ruling

An employer has unsuccessfully challenged a $2.5 million injury damages bill relating to work road maintenance failures. An appeals court rejected its claim that the injured worker was contributorily negligent in failing to satisfy the "high" duty of care owed by drivers.


"Journey" judgment reversed in favour of injured worker

A worker's eight-hour injury-causing drive at the start of his working week was not an ordinary journey from his place of abode to his place of employment, an appeals commission has ruled in finding he was injured in the course of his employment.


Worker awarded $1.1m for lack of manual handling help

A worker has been awarded more than $1.1 million in damages, after her employer's instructions against lifting heavy stock were not relayed to staff, causing her to suffer incapacitating back injuries.


Assault by co-worker was not work-related, but employer exacerbated the trauma

An employer's treatment of a worker, when she returned to work after allegedly being assaulted by a colleague at a social event, included transferring her to a perceived "dumping ground" for "staff with issues" and exacerbated her injury from the attack, a commission has found.


Unguarded ditch costs major employer $1.2m

A major company has been ordered to pay more than $1.2 million in damages to a worker, after he sustained disabling injuries falling into a hidden ditch because of the company's failure to mark or cordon off the hole, or remove the need to access the area.


Absence of safety "recalibration" constituted negligence

A business operator's ambiguous and incomplete request for assistance with a hazardous task resulted in a worker unstrapping a heavy truck load before it was secured by a crane, and sustaining injuries, a court has found.


Expert report and $628k damages bill overturned

Highlighting the flaws in an expert report on job rotation, obtained by an injured worker, has helped two employers successfully challenge a ruling that they breached their duty of care to the worker by requiring her to perform repetitive tasks.

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