Insights
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Court of Appeal increases damages awarded to injured truck driver
19 May 2021 | Insurance & Health LawThe Queensland Court of Appeal recently allowed an appeal by an injured worker resulting in an increase in damages awarded in respect of future economic loss.
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Worker successfully claims compensation for permanent impairment resulting from injuries sustained in multiple workplace incidents
30 April 2021 | Insurance & Health LawThe Court of Appeal found that a worker’s injuries which occurred in the course of three separate workplace incidents could all be considered as having resulted from the initial incident and therefore could be combined together for the purposes of assessing the worker’s whole person impairment....
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Employee contribution to negligence: The distinction between innocent error of judgment and intentional ignorance of risk
27 November 2020 | Insurance & Health LawThe 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...
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Safe work-site road surfaces: The importance of adequate inspection records
27 November 2020 | Insurance & Health LawThe 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...
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Claiming further compensation after finalisation of a damages claim – is it really a clear-cut case of ‘double dipping’?
27 November 2020 | Insurance & Health LawThe 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...
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Court confirms that heavy lifting without appropriate training is the pits while holding the plaintiff contributorily negligent by failing to use appropriate lifting techniques
27 November 2020 | Insurance & Health LawThe 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...
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