Browsing: Workers' comp decisions (TAS)


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.


Alcohol wrongly blamed for worker's psych injury

Two employers have unsuccessfully attempted to avoid liability for workplace injuries by (in the first case) relying on a consultant psychiatrist's unfounded claim that a worker was a "heavy drinker", and (in the second) contending a condition arose from a non-work-related restraining order application.


Dog-walking injury satisfies Hatzimanolis, PVYW test

A worker who was on "availability duty" when he broke his leg, while walking his dog, was injured in the course of his employment, a tribunal has ruled, finding his employer's interpretation of the High Court test for interval injuries was too narrow.


Denial of bullying claim fails Supreme Court test

An employer's evidence disputing a worker's claims of bullying and "toxic" conditions fell well short of the evidentiary expectations set by a supreme court chief justice, a tribunal has ruled.


Employer convinces tribunal worker "staged" incident

An injured worker has been refused compensation after a tribunal found it was reasonably arguable she "staged" a work-related fall and deliberately hurt herself.


Worker was "employed" at time of violent assault

A worker was "on the job" when he was violently assaulted while chasing an absconding customer, a tribunal has found in rejecting his employer's liability challenge.


Worker's mouse-clicking arguably linked to condition

An employer has convinced a tribunal that intense computer work did not cause a worker's hand injury, but it failed to avoid one of the other "pathways to liability".


Full Court rules on work injury causation tests

A worker who suffered incapacitating back pain while walking at work has unsuccessfully argued, in an appeals court, that his employment should be characterised as "the" major cause of his condition in the absence of another identified major cause.


Response to workload concerns blocks injury claim

A major employer has escaped liability for a worker's psychological injury, for now, by outlining to a tribunal the steps it allegedly took to protect her health after realising her workload was "probably excessive".

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