Browsing: Workers' comp decisions (VIC)


High Court to examine duty to prevent psych injuries

The High Court has agreed to consider the scope of employers' OHS duties to workers who resist measures aimed at protecting their psychological health, in a case involving a lawyer whose $435,000 award for post-traumatic stress disorder was quashed in November.


Regulator's recovery case beaten by own OHS evidence

A regulator has failed to recover injury payments from a workplace occupier accused of negligently causing the injury, after one of the regulator's inspectors filed a report saying the allegedly unsafe area of the site was in "adequate condition".


Employer responded reasonably to psych risk: judge

Courts should not place an "absolute and unremitting" duty of care on employers to protect the mental health of their employees, a judge has warned in dismissing a psychologically injured worker's negligence claim.


Mine firefighting work caused autoimmune lung disease

A superior court has confirmed that the debilitating lung condition suffered by a worker who spent 14 weeks working to contain the Hazelwood Mine fire was caused by his employment.


Employer's training records defeat negligence claim

A worker seeking damages has failed to prove he was not properly trained in his employer's new communication and defect reporting systems, and this caused him to suffer injuries on a defective seat.


Employer not liable for unsuitable-ladder injuries

An employer has successfully defended a claim that it negligently provided a dangerously unsuitable ladder to workers, with a court finding it did not leave the ladder in the unsecured position alleged by a worker and a regulator.


Unsafe electrical work; Injury fraud; COVID duties; more

  • Substandard electrical work created fatal risk, individual fined;
  • Workers' comp fraudster caught doing ride-share work;
  • Inspection launch highlights work-related COVID duties in Vic; and
  • New gas safety framework commences in Tas.

Prosecutor's $435k PTSD payment overturned

A public prosecutor's $435,000 damages award, for post-traumatic stress disorder resulting from exposure to "abhorrent" crimes, has been quashed in an appeals court ruling on causation.

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