Don’t bunk drunk - Employer pays for bizarre toilet mishap29 March 2022 | Insurance & Health Law
An unusual urinating incident has prompted consideration of the scope of employer’s vicarious liability. A broad interpretation of the requisite connection to employment in Schokman v CCIG Investments Pty Ltd serves as a caution for employers that should not be overlooked.
Claiming further compensation after finalisation of a damages claim – is it really a clear-cut case of ‘double dipping’?8 December 2021 | Insurance & Health Law
The Queensland Court of Appeal recently considered whether WorkCover Queensland was entitled to be reimbursed compensation paid to a deceased worker’s spouse under sections 196 and 197 of the Workers’ Compensation and Rehabilitation Act 2003...
Court confirms that heavy lifting without appropriate training is the pits while holding the plaintiff contributorily negligent by failing to use appropriate lifting techniques27 November 2020 | Insurance & Health Law
The District Court of South Australia found that even though the Plaintiff failed to disclose that he was receiving compensation for prior back injuries on his employment application, the employer nevertheless failed to provide a safe system of work. In...
No liability for employee that sustains injuries at a Melbourne Cup event held by his employer on-site27 November 2020 | Insurance & Health Law
The Plaintiff suffered injuries to his right shoulder and arm whilst participating in a relay race using a wooden ‘hobby horse’ during the course of his employment with the Defendant. In issue The fundamental issue for resolution was whether...
Western Australia - Parliament harmonises WHS legislation30 October 2020 | Insurance & Health Law
After more than a decade of agreeing to introduce harmonised WHS legislation, the WA Parliament has finally begun to yield. On 21 October 2020, the Legislative Council passed the Work Health and Safety Bill 2019, taking it one-step closer to achieving...
Employee drowning occurred just after OHS penalty increases - WA4 September 2020 | Insurance & Health Law
Ryan and Melissa Pty Ltd (R & M) and Badge Constructions (WA) Pty Ltd (Badge) are facing fines totalling up to $4.7 million for the drowning of a plumber at a construction site in Mosman Park, Perth. The background A plumber was working in a trench at...