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Personal Injuries – Work
Mt Owen Pty Ltd v Parkes [2023] NSWCA 77 The Court of Appeal dismissed an appeal by Mt Owen against an order for damages of $2,050,953 due to a workplace injury caused by an incident at the Glendell coal mine. Mr Parkes, whom Titan Technicians Enterprise Pty Ltd employed, was injured when his co–worker, Mr...
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I will present at the QLS Symposium 2023 – Foreseeability & causation issues in emerging occupational diseases & cancers on 10 March 2023. The past decade has seen the reemergence of “Black Lung” and a range of silica-related diseases from engineered and manufactured stone products. It has also heralded the introduction of workers’ compensation claims...
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Anderson v Pickles Auctions Pty Ltd [2022] QSC 265 Cooper J was asked to review a cost assessor’s decision regarding a claim under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) and costs under the Regulation.  The claim was compromised before trial, and the parties executed a Release and Discharge, which stated the defendant would...
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I refer to my earlier post, and by way of an update note, the High Court granted special leave for the employer to appeal on 16 September 2022. Extract from the application for special leave to appeal: EDELMAN J:   So, there had to be a tort that was found by the employee and it was...
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Schokman v CCIG Investments Pty Ltd [2022] QCA 38 I refer to my earlier post and the trial decision by Crow J to dismiss the plaintiff’s claim. I refer you to the summary of the facts and that Crow J found the appellant’s co-worker’s actions were not committed in the course of his employment and hence,...
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WorkCover Queensland v Wallaby Grip (BAE) Pty Ltd (in liq) [2021] QSC 332 Section 207B has been the subject of interpretation in recent years in response to WorkCover Queensland seeking their statutory right of indemnity for compensation payments in claims involving asbestos manufacturers. Notable decisions are WorkCover Queensland v Amaca Pty Ltd (2010) 241 CLR...
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Yang v WorkCover Queensland [2021] QSC 274 The applicant sought a judicial review of WorkCover’s decision to stop the applicant’s compensation benefits. The applicant made a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) after suffering a stroke at work. In the first instance, WorkCover rejected the application. The applicant reviewed...
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Schokman v CCIG Investments Pty Ltd [2021] QSC 120 Crow J The Plaintiff was employed on Daydream Island as a food and beverage supervisor. He suffered from narcolepsy and cataplexy, which was medicated and he had an arrangement for storage of his medication with a nurse. The Plaintiff’s contract required him to live on the resort...
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The Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2021 (Qld) passed on 20 May 2021. The amendment introduces a presumption for certain workers diagnosed with Post Traumatic Stress Disorder (PTSD) by a psychiatrist under the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) to have an injury, if they are defined as first...
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WorkCover Queensland v Wallaby Grip Limited (2021) 7 QR 63 WorkCover appealed the decision not to strike out paragraphs 15 and 16 of the First and Second Defendants. The Defendants pleaded that section 207B(8) of the Workers Compensation and Rehabilitation Act 2003 (WCRA) did not apply to a contribution to an injury from interstate employment....
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