Case studies
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Credibility of witness statements
Tep v ATS Australasian Technical Services Pty Ltd [2012] QSC, 7 September 2012. This case was decided on credibility where his honour preferred the evidence of the defendant’s witnesses to that of the workers as to how the event occurred.
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Evidence does not support damages claim
Lewis v Greenmountain Food Processing Pty Ltd 6 June 2014 A Brisbane judge rules against labourer’s claims for damages for personal injuries suffered in the course of his employment at a meat processing plant due to conflicting evidence.
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Employer not negligent in crane road accident
Millard v RI-CO (2004) Pty Limited (In liquidation) [2014] QSC 15 April 2014. An employer was found not to be negligent in its duty of care after a worker was injured driving a crane on a public road without permission.
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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.
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Details of successful prosecution against E226569 - Individual
Full Decision and agreed statement (52 pages).
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SEE Civil reaps rewards for tackling return to work head on
Construction company SEE Civil has slashed its annual premium thanks to a willingness to learn something new by seeking out best practice return to work strategies.
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Baggage handler unsuccessful in claiming negligence for requirement “repetitively” step up and down from a curb
The Plaintiff alleged that on 29 February 2016, he was required to repetitively step up and down from a standard painted curb in order to transport arriving FIFO workers’ bags from his trailer onto a footpath.
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Toll Global Logistics - No dogs case study
Load restraint is one of the high-risk activities associated with road transport, particularly within steel transport.
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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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Decision explores duty of care and psychiatric injury
Palmer & Ors v State of Queensland 27 March 2015. This judgement analyses what employee actions can be classified as being within the course of employment and shows that, if an internal investigation process is followed by an employer, there is no special duty of care owed to minimise the risk of psychiatric injury to employees being investigated.
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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.
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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.