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Interesting Case Decisions

Past Decisions That Could Have An Impact On Your Claim.

EG Green & Sons Pty Ltd v Sabourne [2009] WASCA 172 

For an example of complications that can arise when calculating weekly payments in accordance with the Workers Compensation Act.

You can read the decision here.

 

PVYW v Comcare (No 2) [2012] FCA 395 (19 April 2012)

Can an injury received by a light falling on your head during a sex act which takes place whilst staying overnight in a motel on a work trip be classed as a ‘work related injury’?

The Federal Court believes that in the right circumstances it can be (this is being appealed to the High Court).

Read the initial FCT decision here.

COMCARE v PVYW [2013] HCA 41 (High Court summary can be found HERE)

The High Court has overturned the Federal Court decision set out above and decided the employee did not suffer a compensable injury.

 

Heywood v Commercial Electrical Pty Ltd [2013 QCA 270

We often speak to injured workers who say ‘it was my fault’.
In this QLD case an apprentice had cut some metal and placed it near a ladder he was using only to have his arm injured by the jagged metal when he came back down the ladder.
The Court of Appeal said ‘[A] … worker was permitted to adopt a method of work, which was not devised by the employer,but adopted out of expediency with little effort given to actually assessing whether it was safe …. The risk was obvious to the employer…
The decision can be accessed here Heywood v Commercial Electrical Pty Ltd [2013 QCA 270 – It isn’t a long decision but its worth a read as WA is also bound by the multiple High Court cases followed.

 

Alan Dick v James Voros [2013] FWC 6715

In this case the worker was a taxi driver and although it is not directly related to workers compensation it will make anyone who reads it understand that there are many ‘independent contractors’ out there who do not understand that the relationship they are in is likely one of employee and employer.
The decision can be accessed here Alan Dick v James Voros [2013] FWC 6715

 

If these decisions raises any questions in relation to your claim we can help answer them if you use our Get Your Questions Answered feature.

If you have been injured at work and need legal advice we can help