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Personal Injuries Workers’ Comp
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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Corbin v State of Queensland [2019] QSC 110 Ryan J FACTS The Plaintiff, a correctional officer, claimed damages against the State of Queensland for personal injuries sustained when assaulted by a defiant prisoner who was directed to cease smoking. The State of Queensland defended the claim. The Plaintiff began training as a prison officer by...
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Thomson v State of Queensland & Anor (No 2) [2019] QSC 115 Applegarth J The Supreme Court of Queensland has found that there was “no contest” that a defendant who was ordered to pay more than what was requested by reason of the plaintiff’s mandatory final offer should pay the plaintiff’s costs incurred in pursuing...
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Deans v Maryborough Christian Education Foundation Ltd [2019] QCA 75 Further to my earlier post, the plaintiff appealed. Sofronoff P, Gotterson and Morrison JJA Facts The appellant was employed by the Maryborough Christian Education Foundation to work as a specialist schoolteacher at the Riverside Christian College. On 4 March 2015, the appellant was working in...
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James v State of Queensland [2018] QSC 188 Judgement delivered 10 December 2018, Mackay, by Henry J The Plaintiff began working as a paramedic in 1991. In 2004, he was stationed with the Queensland Ambulance Service (“QAS”) at Mt Isa, sometimes relieving at Doomadgee, a single officer station [3]-[4]. Four incidents occurred throughout 2004 which resulted...
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SS Family Pty Ltd v WorkCover Queensland [2018] QCA 296 Further to my earlier post the Court of Appeal considered the decision of judge Porter and affirmed the trial decision. Fraser JA delivered the leading judgment with the President and Davis J concurring. The decision by WorkCover Queensland to accept the applicant as a worker...
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RACQ Insurance Limited v Foster [2018] QCA 252 Further to my earlier post the Court of Appeal reviewed the authorities of Newberry v Suncorp Metway Insurance Ltd [2006] 1 Qd R 519; King v Parsons [2006] 2 Qd R 122 and Farnham v Pruden [2017] 1 Qd R 128 when considering the interaction of section...
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Inghams Enterprises Pty Ltd v Kim Yen Tat [2018] QCA 182 Bond J with Gotterson and Morrison JJA agreeing The plaintiff was successful before the trial judge in her claim for sustaining a psychiatric injury after being accosted in a car park by a former employee late at night, after finishing her shift. The car...
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Ritchie v Ikea Pty Limited [2018] QDC 143 Rosengren DCJ The applicant sought leave to commence proceedings pursuant to s. 43(1) of the Personal Injuries Proceedings Act 2002 (PIP Act). There was, however, a preliminary issue as to whether s. 6(2)(c) of the PIP Act applied because the applicant had received workers’ compensation payments for...
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Deans v Maryborough Christian Education Foundation Ltd [2018] QDC 123 The plaintiff, a mentor to school teachers, claimed for personal injuries for fractured patella as a consequence of slipping on a grape during a ‘fruit break’ for primary aged school children. There was no dispute the incident occurred. However, liability and the damages claimed were...
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