Browsing: Workers' comp decisions (NT)


Employer "encouraged" injury-causing fishing trip

An employer has been found liable for injuries a FIFO worker suffered on a fishing trip with his general manager, because it impliedly encouraged him to engage in the activity to rest and recuperate after a demanding week of shift work.


Complaint to ombudsman constituted injury notice

A worker who claims he suffered a psychological injury from his employer wrongfully initiating criminal charges against him, gave notice of the injury within the required time when he complained to an ombudsman, a court has found.


Employer fails to recover $10.5m injury bill

An employer has failed to recover, from two other companies, the $10.5 million in damages it paid to a catastrophically injured worker, after an appeals court found there was no evidence the companies' alleged safety breaches caused the injuries.


Eleventh-hour waiver rejected in privilege dispute

An employer that claimed legal professional privilege over surveillance footage of a workers' comp claimant, with the intention of waiving that privilege during its cross-examination of the man at an upcoming hearing, has been ordered to provide him with copies of the footage.


Employer vicariously liable for racist slurs

A commission has found an employer vicariously liable for two workers' racist comments, and stressed that a company's anti-discrimination policies must be "communicated effectively" to staff.


High Court finds hindsight applies to injury cases

The High Court has handed down its reasons for its August decision to uphold a $425,000 damages claim, and confirmed that hindsight can be used to determine whether a cause of action accrued before an injury was detected.


Perceived bullying wrongly disregarded by magistrate

A Supreme Court judge has applied the "eggshell psyche principle" in quashing an earlier decision to deny an injured worker compensation because her perceptions of bullying weren't reasonable.


Cause of action arises with cell changes, High Court hears

The binding UK authority on personal injury claims shows that an asbestos-related cause of action accrues when the damage becomes "more than negligible", regardless of whether it is detectable at the time, the High Court of Australia has been told.


High Court to determine test for asbestos damages claims

The High Court will determine whether a mesothelioma-related cause of action arises at the time asbestos is inhaled or when the symptoms of the disease become apparent, after an employer was granted special leave to appeal against a $425,000 damages award.

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