Browsing: Workers' comp decisions (TAS)


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.


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.

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