Browsing: Workers' comp decisions (TAS)


Employer's car park found not to be part of workplace

Despite the fact that a worker's ankle injury occurred in his employer's VIP car park, a Tasmanian tribunal has found he was not at his "place of employment" and rejected his compensation claim.


Injury-causing court duty linked to employment

A worker who was required by law, and her employment duties, to report disclosures of abuse to authorities, is entitled to workers' compensation for an injury she suffered from a court appearance, where she was "vigorously" cross-examined, a tribunal has ruled.


Govt employer fails to defeat football injury claim

An employer cannot avoid liability for the injuries sustained by a worker in a football game, with his colleagues, through a doctor's vague suggestion that the game was not work-related.


$1m award for workplace BBQ victim upheld by full bench

A full supreme court has upheld a $1 million-plus damages award to a workplace volunteer, after finding a WHS duty holder created a situation "fraught with risk and danger" that drove his failure to take reasonable care for his own safety.


Bench clarifies reach of "speedy" injury-dispute system

Employers cannot avoid liability to injured workers, thought to have wholly or substantially recovered from their conditions, through provisions aimed at providing a "speedy" resolution to questionable claims, a superior court full bench has found.


First-aid records from past decade demanded by tribunal

An employer has been ordered to produce its first-aid records and incident reports from the past 10 years, for an injured worker's bid to show the workplace's vibrations and "jolts" were capable of causing serious neck, back and hand conditions.


Employer wins appeal against mouse-clicking decision

A superior court has quashed a finding that an occupational physician's incomplete answer in a report on a worker's injury was a deliberate omission pointing to a link between the injury and computer work.


"Foundational liability" established for $100k PTSD claim

A tribunal has rejected an employer's claim that a worker's post-traumatic stress disorder, diagnosed eight years after a traumatic incident, is secondary to his physical injuries and doesn't contribute to his permanent impairment entitlements.


Expert's "uncertainty" doesn't defeat worker's claim

A medical expert engaged by an employer's insurer failed to explain why he reversed his finding that a worker's neck injury was caused by a work incident, a superior court has found in rejecting the employer's fight against liability.

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