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Personal Injuries Workers’ Comp
Love v North Goonyella Coal Mines Pty Ltd [2017] QSC 140 The plaintiff was injured roof bolting with a colleague, Mr Saliba in an underground mine when the roof bolting machine known as a Rambor (weighing between 40 and 48 kgs) and operated by Mr Saliba fell from a height on the back of his...
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(re Dargan) Amaca Pty Limited v Northern Sydney Health Services & Ors [2017] NSWDDT 1 In re Dargan, the plaintiff suffered from mesothelioma and before his death, the plaintiff received from WorkCover the statutory benefit of $627,407.00 and entered into an agreement with WorkCover to pursue a claim against Amaca Pty Limited (“Amaca”). The terms...
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Whitley v Aldi Stores [2017] QDC 50 Koppenol DCJ In 2013 the plaintiff suffered an injury to her left wrist while pulling a 4kg dry dog food bag from the conveyor belt to scan the product at a cash register. The plaintiff alleged the injury left the plaintiff permanently unemployable due to the development of...
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Brittain v Hentys (a firm) & Ors [2017] QSC 40 In issue was: whether the claimant who did not have an assessed injury for any of his work injuries, had the benefit of “deemed compliance” and the extension of the limitation period under s.302 of Workers’ Compensation and Rehabilitation Act 2003 (WCRA). Pursuant to r 483(1)...
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Covey v State of Queensland [2017] QSC 23  The plaintiff was injured at work (prior to the 2010 amendments) ascending stairs in fire escape at the Charters Towers Hospital when she stumbled on the nose of the stair and in the process injured her shoulder. The stairs connected the first and second floors of the...
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Wearne v State of Victoria [2017] VSC 25 Dixon J The plaintiff was employed by the defendant as a case manager responsible for youth welfare in the criminal justice system. Between February 2007 and November 2008, the plaintiff claimed she was exposed to bullying and harassment by a supervisor and as such exacerbating her pre-existing...
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Govier v Unitingcare Community [2017] QCA 12 Fraser JA with Gotterson JA and North J agreeing The appellant was employed by the respondent as a disability worker in Ipswich and charged with the care of the respondent’s client. A co-worker of the appellant was also charged with the care of the same client. In 2009,...
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Scully and BIS INDUSTRIES LTD (Compensation) [2007] AATA 185 Senior Member John Sosso The applicant was employed as a truck driver on a “fly-in fly-out” full-time basis with the respondent who provided high payload off-road load and haul solutions for mining and resources companies. The applicant claimed that one or more of the trucks caused...
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Yarrow v Workers’ Compensation Regulator [2017] QIRC 002 Deputy President Kaufman In issue was whether a payment of NZD $133,802.28 made by the Accident Compensation Commission (‘the ACC’) under the Accident Compensation Act 2001 (NZ)) for mesothelioma to a worker was caught by s 118 of the Workers’ Compensation and Rehabilitation Act 2003. If caught, the worker...
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Perkins v Woolworths Pty Ltd (ACN 000 014 675) [2017] QDC 1 Morzone QC DCJ The plaintiff was employed as a grocery assistant responsible for replenishing perishables and working on the back dock. A walkie stacker was operated as a walk behind forklift machine used to lift and move pallets of product. When the walkie...
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