Insights Insights
  1. Employee contribution to negligence: The distinction between innocent error of judgment and intentional ignorance of risk

    27 November 2020 | Insurance & Health Law

    The Court found the Defendant to be liable for injuries sustained by the Plaintiff while outside of work hours, without authorisation and without the Plaintiff following some safety procedures. The Plaintiff was found to not have contributed to the...

  2. Safe work-site road surfaces: The importance of adequate inspection records

    27 November 2020 | Insurance & Health Law

    The Court found the Defendant coal mine to not be liable for failing to spot a soft spot on the road in which the Plaintiff was required to drive in the course of her duties as a dump truck operator. The Defendant successfully evidenced a comprehensive...

  3. Claiming further compensation after finalisation of a damages claim – is it really a clear-cut case of ‘double dipping’?

    27 November 2020 | 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...

  4. No liability for employee that sustains injuries at a Melbourne Cup event held by his employer on-site

    27 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...

  5. Burdensome precautions: What is reasonable?

    27 November 2020 | Insurance & Health Law

    The NSW Court of Appeal recently reaffirmed the position that when a Defendant has provided a safe manual handling procedure, it will be considered a reasonable precaution. In issue The issue for consideration by the Court of Appeal was whether the...

  6. Court finds long shifts and night shifts increased the risk of motor vehicle accident

    20 August 2020 | Insurance & Health Law

    The Full Court of the South Australian Supreme Court found that the injuries suffered by a worker on a journey home had a real and substantial connection to his employment. In Issue Whether a causal connection is required to prove there was a 'real...

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