Insights Insights
  1. Bus driver successfully claims damages after employer failed to warn him about the risks of injury from not adjusting a bus seat correctly

    20 August 2020 | Insurance & Health Law

    The injured employee suffered a significant cervical spine injury when driving a bus over a major depression on a sealed road. The issues at trial related to the employer’s liability for the accident. In Issue The case considered the duty of care...

  2. Employer fails to overturn decision awarding damages to employee injured when a gas detector unit alarm accidentally activated in an office setting

    2 June 2020 | Insurance & Health Law

    An employee suffered musculoskeletal injuries when he was startled by a gas detector unit which caused him to turn sharply and strain his neck and shoulder. In Issue The decision considers whether the employer was liable for musculoskeletal injuries...

  3. Worker successfully appeals and secures right to seek compensation for a stress related disease

    26 February 2020 | Insurance & Health Law

    A worker was stood down on 6 March 2018. He did not return to work, and sought compensation for a stress related condition. The employer denied that the worker suffered a stress related condition and also denied liability on the basis that the stress...

  4. Regular overtime payments are included when calculating Amount Aa

    20 November 2019 | Insurance & Health Law

    The decision considers whether overtime payments are part of a worker's compensable weekly earnings for the purposes of the Workers' Compensation and Injury Management Act 1981 (WA) (the Act). In Issue The question of law raised by the appeal was...

  5. An election to seek damages not carried out in accordance with the Act does not restrict worker’s right to proceed with damages claim

    20 November 2019 | Insurance & Health Law

    The decision considers a worker's right to continue a claim for damages after non-compliance with the Workers' Compensation and Injury Management Act 1981 (the Act) relating to obtaining a special evaluation of his degree of impairment. In issue...

  6. Employer fails to recover payments from worker who lodged a false claim

    20 August 2019 | Insurance & Health Law

    A worker was paid compensation with respect to a claim which was later found to be false. The decision considers an employer’s right to recover the compensation payments pursuant to section 71 of the Workers' Compensation and Injury Management...

Load More