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Personal Injuries – QIRC
Chase v Workers’ Compensation Regulator [2019] QIRC 195 Decision delivered 11 December 2019, Brisbane, by Industrial Commissioner Black Parties Chase, Claude (Appellant) v Workers’ Compensation Regulator (Respondent)   Facts & Case History The appellant was a firefighter with Queensland Fire and Emergency Services between February 1994 to September 2002. He was both a worker and...
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Pryszlak v Workers’ Compensation Regulator [2017] QSC 286 McMeekin J The applicant sought to claim workers’ compensation for a hand injury alleged to be sustained during the course of his employment. By letter dated 27 August 2015, the applicant was advised that his claim was rejected principally because WorkCover was not satisfied that the applicant’s...
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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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Brisbane City Council v Gillow & Simon Blackwood (Workers’ Compensation Regulator) [2016] ICQ 7  There has been some uncertainty as to when an employer may seek leave to intervene and be heard. Justice Martin has made clear that in the instance of an appeal filed by worker, the employer cannot intervene. Martin J: Does the...
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Simon Blackwood (Workers’ Compensation Regulator) v Civeo Pty Ltd and Anor [2016] ICQ 001 Martin J, President. Mr Cumbers (second respondent) was employed by Civeo Pty Ltd (first respondent) to repair commercial appliances at five accommodation camps. His job required him to travel between camps, and as such he was provided with a donga for...
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Blackwood v Ziebarth [2016] ICQ 005 Further to the earlier post the appeal was dismissed. Martin J, President The respondent was injured at home when hurrying out of the shower to answer his work mobile. The respondent slipped and fell when attempting to exit the bathroom. The Regulator’s refusal of compensation was overturned by the...
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The process for appeals in the Queensland Industrial Relations Commission (Q.I.R.C) for workers’ compensation appeals has changed (effective from 1 October 2015). You are referred to the Appeals Guide which details the mandatory directions for the conduct of the appeal; tighter time frames; the requirement for the Appellant to file a Statement of Facts and Contentions...
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Waugh v Simon Blackwood (Workers’ Compensation Regulator) & Anor [2015] ICQ 28 The appellant worked for State Library of Queensland (SLQ) and she along with other female colleagues were covertly photographed by a male work colleague, Mr McGregor. The photographs concentrated their chest areas and were numerous (2500+). Many of the photographs did not depict...
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Ziebarth v Simon Blackwood (Workers’ Compensation Regulator) [2015] QIRC 121 In determining whether the injury arose of or in the course of employment, Deputy President O’Connor applied Campbell v Australian Leisure & Hospitality Group Pty Ltd & Anor [2015] ICQ 016 and Comcare v PVYW [2013] HCA 41 to the following unusual facts and found...
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Blackwood v Toward [2015] ICQ 008 Martin J, President of the Industrial Court of Queensland has held that the decision of Hall Hall P in WorkCover Queensland v Downey was wrongly decided: [9] The Commissioner had to determine whether the application for compensation was valid, that is, whether it had been lodged within the six...
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