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  • Credibility suffers from highly inflated claim

    Test v Forgacs Engineering Pty Ltd [2012] QDC 318, 24 October 2012. This case was decided on credibility, where the evidence of the defendant’s witnesses was preferred to that of the Plaintiff.

    1 July 2015

  • Employer has duty to provide task rotation

    Ataera v Thomas Borthwick [2013] 20 December 2013. A doctor stated that had risk management been performed diligently it is entirely likely that the plaintiff would not have sustained injury.

    1 July 2015

  • Evidence and symptoms must support damages claim

    Bawden v Proserprine Cooperative Sugar Milling Association Ltd 9 April 2015 [QDC 205]. This case highlights that in the case of a psychiatric injury, that evidence and symptoms must support the damages claim.

    1 July 2015

  • Considering genuine occupational requirements

    Chivers v State of Queensland (Queensland Health) [2014]QCA 141 13 June 2014 The Queensland Court of Appeal recently handed down a decision which helps to clarify employers’ responsibilities in considering whether a particular requirement of a position is a genuine occupational requirement, or, whether adjustments should be made to meet the needs of an employee with an impairment or disability.

    1 July 2015

  • Surveillance and other related issues of credibility

    Barker v Casco Australia Pty Ltd, 07 October 2011. This case study clearly demonstrates the importance of achieving a return to work outcome and that surveillance and other related issues of credibility are subject to the opinion formed by a Court and can be critical in determining the outcome of a quantum only trial.

    1 July 2015

  • Impact of injury on Economic Loss

    Judge v RH Grey & Son Pty Ltd & Ors [2012] QDC 33. This case demonstrates the impact an injury can have on a worker’s ability to earn income over their working life.

    1 July 2015

  • No reason to anticipate misconduct might be dangerous

    Pols v AME Products [2013] QDC 190 19 August 2013. There was no reason to anticipate misconduct might be dangerous to other employees.There was no reason to anticipate misconduct might be dangerous to other employees.

    1 July 2015

  • No foreseeable risk of injury

    Love v Lindsays Bros Management Pty Ltd [2013] QDC 174 30 August 2013. This case demonstrates an assault would not have been prevented by any steps the employer might have taken, and there was no foreseeable risk of injury.

    1 July 2015

  • Not foreseeable for racial joking to cause psychiatric condition

    Guorgi v Pipemakers Australia [2013] QSC 198 9 August 2013. It wasn’t reasonably foreseeable that the worker would suffer a psychiatric condition as a result of racial jokes.

    1 July 2015

  • Future economic loss and paid services past retirement age

    Cameron v Foster & Lahey T/AS GF Hills Removals & Mini Storage, 29 September 2011. This case study highlights how a Court may rule future economic loss allowances to workers past the age of retirement and make allowances for future paid services that were provided gratuitously by family members.

    1 July 2015

  • Injury attributable to pre-existing back disease

    Geary v REJV Services Pty Ltd & Ors [2011] QSC. This case emphasises the importance of gathering past medical information to establish the extent of symptoms suffered due to pre-existing degeneration prior to the work event.

    1 July 2015

  • Injury of an employee due to an unsafe system of work

    Anderson v AWWW Pty Ltd [2013] QDC155 12 July 2013. The Court expects employers to implement and enforce a safe system of work to ensure that workers are not injured while at work.

    1 July 2015