Archive for the 'Personal Injuries Workers' Comp' Category

Material fact of a decisive character : Q-Comp appeal and Industrial Magistrate decision

Wednesday, July 7th, 2010

Leigh v. State of Queensland [2010] QSC 227
Should the limitation period be extended?
[42] It was held in State of Queensland v Stephenson [2006] HCA 20; (2006) 226 CLR 197 at [19] (Stephenson) that the phrase “material fact of a decisive character relating to a right of action” was a composite expression, each element of which [...]

Duty of care owed – Psychological harm – Police Royal Commission (NSW)

Monday, July 5th, 2010

Reeves v State of New South Wales [2010] NSWSC 611

 
 

 
 
 

 

 
CATCHWORDS :
TORTS – negligence – duty of care – police officers – reasonable foreseeability of risk of psychiatric injury – failure to monitor psychological condition after a long career – plaintiff placed in stressful situations – assigning plaintiff a welfare role and duties at the Fraud [...]

Herniated disc (following sneezing) whilst taking washing off the line in an accommodation village – course of employment?

Friday, July 2nd, 2010

Theiss Pty Ltd AND Q-COMP (C/2010/11)
 Theiss appealed the decision of the Commission arguing that the sneeze which culminated in a herniated disc, whilst taking washing off the line in a remote accommodation village was not within the course of employment. To a lesser degree Theiss contended it was not a significant contributory factor.
President Hall dismissed [...]

s.279 WCRA – information reasonably requested “medical history”

Sunday, June 27th, 2010

RSL (Queensland) War Veterans Homes Limited & Anor v Palma [2010] QSC 222
 Catchwords
WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRELIMINARY REQUIREMENTS – NOTICE OF INJURY – GENERALLY – where respondent claims to have sustained physical and psychological injuries in the course of her employment at a nursing home when she was assaulted by [...]

Amendments to the CLA commence 01/07/2010

Saturday, June 19th, 2010

I refer to my earlier posting and the QLS update.
The amendments commence on 1 July 2010.
Brisbane Barrister – David Cormack

Policy direction by WorkCover for claims affected by the ‘Bourk amendment’

Wednesday, June 16th, 2010

I refer you to the following policy direction by WorkCover Queensland in respect of the amendment to Workplace Health and Safety Act 1995:
WorkCover understands that workers may need to reconsider whether they pursue their claims given the amendment to the Workplace Health and Safety Act 1995 to insert the new section 37A.
If a worker’s claim [...]

WCRA amendments passed last night

Thursday, June 10th, 2010

I refer you to the Second Reading Speech last night where the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill passed after some debate (excerpt only)…
Mr SPRINGBORG (Southern Downs—LNP) (Deputy Leader of the Opposition) (5.06 pm):
Labor’s TJ Ryan may have introduced Queensland’s first compulsory workers compensation scheme in 1916, but in 1995 and, indeed, in 2010 [...]

Slip and fall on a ship – credibility issues

Sunday, June 6th, 2010

Sultan v Carbon Consulting International Australia Pty Ltd & Anor [2010] QSC 194
The claim proceeded against the second defendant owner of the ship. The plaintiff’s claim against the first defendant employer resolved on the basis of:
[37] On 13 December 2004 he received $32,000.00 from a claim against his employer and WorkCover for the statutory benefits [...]

Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2010

Wednesday, May 19th, 2010

I refer you to yesterday’s Hansard and the excerpt below in respect of the amendments. I draw your attention to the retrospective amendment to the Workplace Health and Safety Act 1995 in the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2010:
37A No civil cause of action based on contravention of Act
‘No provision of [...]

Surfer pleads guilty to WorkCover fraud

Monday, May 17th, 2010

I refer you to an article appearing in the Sunshine Coast Daily. 
Section 533 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) makes it an offence to defraud WorkCover, including returning to a ‘calling’ and in this case exaggeration for returning to competition surfing. Section 534 makes it an offence for false and misleading information [...]

David Cormack, Barrister