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Personal Injuries Workers’ Comp
A Top Class Turf Pty Ltd v Parfitt [2018] QCA 127 Gotterson, Morrison JJA, Brown J On 2 June 2017, the District Court made orders granting leave to the respondent to proceed under s 298 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (the Act), notwithstanding non-compliance with s 275 of the Act.  The applicant...
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Workers’ Compensation Regulator v Pryszlak [2018] QCA 157 Further to the earlier post and the decision of McMeekin J in Pryszlak v Workers’ Compensation Regulator [2017] QSC 286 the question of “special circumstances” in s.542(3) of the Workers’ Compensation and Rehabilitation Act 2003 (the Act) was appealed. Sofronoff P delivered the judgment. Fraser and Philippides JJA concurred....
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Stankovic v SS Family Pty Ltd [2018] QDC 54 Porter QC DCJ Background The plaintiff alleged he was employed by the defendant, Trendbuild.  In March/ early April 2013, the plaintiff suffered injuries to his right shoulder while undertaking his duties as a floor and wall tiler. In July 2013, the plaintiff applied to Workcover Queensland,...
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Colwell v Top Cut Foods Pty Ltd [2018] QDC 119 The plaintiff sought damages for an assault which took place at work by a co-worker. The employer denied liability and the quantum of the damages claimed. The assault took place on 20 January 2014, and the protagonist was Mr Parks. The was no dispute the...
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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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Cincovic v Blenner’s Transport Pty Ltd [2017] QSC 320 Boddice J In March 2014, the plaintiff sustained compression fractures to his spine when he fell backwards off a pallet jack during the course of his employment with the defendant. Relevantly, the plaintiff was riding the pallet jack like a scooter when another employee of the...
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Robinson v Lorna Jane Pty Ltd [2017] QDC 266 Koppenol DCJ The plaintiff was employed by the defendant as its manager in the DFO Brisbane store. During the course of her employment, the plaintiff claimed that she was bullied by her supervisor, also employed by the defendant. The plaintiff claimed that the bullying caused the...
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Guest v Boyne Smelters Ltd & Anor [2017] QSC 250 McMeekin J The applicant sustained elbow injuries over a period of time from March 2013 to the start of October 2013 while working for the first respondent. The applicant was assessed with a 2% impairment for her injury under the Workers’ Compensation and Rehabilitation Act...
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Engeler v State of Queensland [2017] QDC 253 McGill SC DCJ In October 2013, the plaintiff suffered a spine injury while riding across Moreton Bay on a motorboat when it allegedly hit a wave causing the plaintiff to be thrown to one side. Relevantly, the plaintiff was travelling in the course of and for the...
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Trumino v Coles Group Limited [2017] QSC 211 Henry J The application pursuant to s 10 of the Civil Proceedings Act 2011 (Qld) sought a declaration that the applicant was entitled to an action for common law damages to claim damages for psychiatric injuries flowing from physical injuries sustained in the course of his employment,...
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