Case studies
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Baker awarded damages after back injury
Mr Dance was a 44 year old baker who sustained a lower back injury on 1 November 2016, lifting a bowl with mixture weighing approximately 45.2kg. Mr Dance sustained a disc prolapse requiring surgery. Following surgery, Mr Dance obtained alternative employment as a baker earning a higher income than that pre-injury.
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Injured TV show contestant found to be a ‘worker’
The New South Wales Workers’ Compensation Commission found that an injured reality TV show contestant was a ‘worker’ for the purposes of workers’ compensation.
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Employer liable where procedure not enforced and inadequate training of plaintiff
On 21 January 2014 the Plaintiff suffered an injury to his lumbar spine in the course of using an Armatec Vacuum lifter to move panes of glass from a trolley to the production line at the Defendant’s Eagle Farm premises.
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Employer not liable where Plaintiff failed to perform work in the manner instructed
In November 2006, the plaintiff suffered an injury to both his left hand and arm and developed a secondary psychological injury. He commenced a claim against his former employer for damages and received a gross settlement figure of $475,000.00 in October 2008.
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Employer liable for injury loading truck at coal mine
The plaintiff was a truck operator at the Burton Coal Mine, and alleged he sustained an injury to his lower back when a large rock was dropped into the tray of his truck in October 2011.
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Employer not liable for slip on grape
As outlined in our case study, the appellant was a school teacher employed by Riverside Christian College. In 2015, she sustained injuries to her left knee when she slipped on a grape when walking in a foyer area between classrooms.
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Corrective Services Officer fails in claim relating to unprovoked prisoner assault
Mr Corbin, a corrective services officer, was assaulted by prisoner X on 10 October 2013 resulting in him suffering a number of injuries including a head injury. Mr Corbin had earlier asked prisoner X to smoke outside but he persisted. The attack occurred shortly after Mr Corbin re-approached the prisoner, without another officer, to again ask him to stop smoking. Without warning, prisoner X struck Mr Corbin several times in the head.
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Plaintiff awarded damages after Q-fever diagnosis
A 57 year old supervisor/carpenter working on a school farm was diagnosed with Q-Fever in January 2012, that has since developed into Q-Fever Debility Syndrome. The worker, who has been unable to return to work, claimed damages from his employer and from the State of Queensland as the controller of the school/school farm.
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Employers have a duty to train and instruct workers on safe truck exiting
Kelleher v J & A Accessories Pty Ltd [2018] QSC 227 - Brisbane Supreme Court. The Plaintiff was a 45 year old sales representative / delivery driver who alleged he sustained lower back and psychiatric injuries as a result of repetitively lifting vehicle batteries weighing over 20kg between 2012 and 2013; and exiting from the cabin of an Isuzu NPR 300 truck on 21 August 2013.