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Personal Injuries – Regulator
Comcare v Martin [2016] HCA 43 I refer you to the judgment summary which states the facts. The High Court allowed the appeal and dismissed the interpretation of the statutory words “as a result of” in the context of ss 5A, 5B of the Safety, Rehabilitation and Compensation Act 1988 as requiring the application of the “common sense” approach...
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Estate of Cooper v The Regulator [2015] QIRC 38 An interesting decision and application of whether competing significant factors of smoking and non-work related exposure to asbestos satisfied the test in s.32(1) of the Workers’ Compensation and Rehabilitation Act 2003. In this instance, Commissioner Fisher was satisfied with the evidence of Dr Edwards Thoracic Physician...
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Krleski v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 6 The worker/appellant suffered a “multi organ impairment (aspiration pneumonia, septic shock – rhabdomyolisis, liver damage) and acquired severe brain injury”. The injury occurred whilst the worker was in accommodation off the Daunia Mine near Moranbah, which was not affiliated to his employer. His work cycle was...
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Australian Leisure & Hospitality Group Pty Ltd v Simon Blackwood (Workers’ Compensation Regulator) & Campbell [2014] QIRC 105 Given the festive season is upon us, it is timely to reflect on the phrase “in the course of employment” in s.32 of the Workers’ Compensation and Rehabilitation Act 2003. The employer appealed the decision of the...
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Oaks Hotels and Resorts (Qld) Pty Ltd v Blackwood and Anor [2014] ICQ 23 I refer to earlier postings about Comcare v PVYW [2013] HCA 41. The President was at pains to make the point that the definition of “injury” as defined in s 32 of the Workers’ Compensation and Rehabilitation Act 2003 (the WCRA)[1]...
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Hunt v Blackwood and Anor [2014] ICQ 014 WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – DETERMINATION OF CLAIMS – APPEALS, JUDICIAL REVIEW AND STATED CASES – NATURE AND SCOPE OF APPEAL AND REVIEW – where the appellant’s purported notice of appeal was not competent – where the appellant, by his counsel, misapprehended the nature...
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Davidson v Blackwood [2014] ICQ 8   The President made it clear the way an appeal under s.561 of the Workers’ Compensation and Rehabilitation Act 2003 is to be approached: [7] The respondent relies on the following statement of Hall P in Q-COMP v Ungerer:[3] “ … it is not necessary for Counsel for the...
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 QR Limited AND Q-COMP (WC/2009/25) A significant issue was the application of the decision of WorkCover Queensland v Margaret Kehl (2002) 170 QGIG 93 and the relevance of the special state of knowledge of the worker’s disability when applying the ‘reasonable management action’ formulation. Deputy President Bloomfield Was the management action reasonable and carried out...
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  WorkCover Queensland v Margaret Kehl Darren Lewis v Q-COMP Australian Language Schools Pty Ltd v Q-COMP Oakey Abattoir Pty LTd v Q-COMP Qantas Airways Limited (Frank Grisaffi) v Q-COMP Jennifer Barber v Q-COMP Body Corporate Services v Q-COMP Body Corporate Services Pty Ltd v Q-COMP State of Queensland (David Piccinelli) v Q-COMP Malcolm Hochen...
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Deng v Q-Comp [2011] QSC 191   Issues: whether the JR application should be dismissed pursuant to s 12 of the Judicial Review Act 1991 (Qld) because adequate provision is made by a law under which the applicant is entitled to seek a review, in circumstances where it is contended:   there is public interest...
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