Browsing: Workers' comp decisions (VIC)


Negligent RTW plan didn't cause psych injury: court

Despite the fact that an employer was negligent in the way it managed an injured worker's return-to-work plan, a superior court has confirmed this negligence wasn't the cause of her subsequent anxiety and depressive illness.


Employer, director to pay $150k in harassment damages

An employer and its director have been found vicariously liable for the s-xual harassment and assault of a worker. The director had "flicked through" the employer's anti-harassment guidance, but did little else to address the issue, a tribunal found.


New near-miss duties pass Parliament; and more

  • New near-miss duties and injury provisions pass in Vic; and
  • Miller to identify barriers to managing ACT's psychosocial hazards.

Bench rules on reach of OHS clauses in dismissing claim

An employer did not have a duty to train an experienced driver on the "idiosyncrasies" of a vehicle under his control, and it was his responsibility to "acquaint himself with, and safely respond to" it functions, an appeals court has found in a runaway vehicle case.


Toll "controlled" injured worker, "subcontract" missing

A worker who was required by a major employer to incorporate a company, before falling and sustaining serious injuries at one of the employer's depots, was an "employee" for the purposes of his damages claim, a judge has found.

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