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Facts of the case An employer owes a duty of care to its employees to take reasonable care to avoid exposing them to unnecessary risks of injury. Ms Wendy Clayton was employed as a concrete truck driver and operator for a concreting contractor, Jetcrete Oz Pty Ltd (“Jetcrete”). According to Ms Clayton, the incident happened during […]
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In the case of Ingersole v Nancarrow & Anor [2016] QDC 315 the District Courts decision illustrates the application of s55 (3) of the Civil Liability Act 2003 (Qld) where earnings cannot be precisely calculated for personal injuries. Facts The Plaintiff was involved in a motor vehicle accident with the first defendant where his vehicle […]
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In Whitley v Aldi Stores [2017] QDC 50, the District Court of Queensland in Brisbane handed down a decision in which concerned a checkout worker who allegedly suffered a left wrist ganglion injury whilst scanning a 4kg bag of dog food. The Facts On Easter Saturday 2013, Mrs Nicola Whitley was working at a checkout register at […]
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Talty v Cotton On Group Services Pty Ltd is a decision from a District Court of Queensland involving a dispute as to the correct quantum of damages following a workplace accident. The Court ordered a significant award of $235,668.00 compensation to the claimant after sustaining a traumatic brain injury. Background Ms Talty (Plaintiff) was employed by […]
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Psychological Workplace Injury – Lunchroom disciplinary action not reasonable management action The decision by the Industrial Relations Commission of Raineri v Simon Blackwood (Workers’ Compensation Regulator)[1] further clarifies when management action can become unreasonable and provides valuable insight to the scope of employee rights to a safe place of work as well as implications for a reasonable […]
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Personal injuries lawyers can learn a lesson or two from this 2016 case. Davis v Terrivic Pty Limited addresses whether an employee can still be injured in the course of employment, regardless of the fact that the employee has submitted a resignation. FACTS On the 7th of May 2015 the Applicant (Plaintiff), Ms Davis, suffered serious […]
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In this case note, the District Court had to determine whether to exercise it’s discretion to declare notice under the Motor Accident Insurance Act 1994 (Qld) when there had been a delayed application for the claim. Central to the Court’s decision was whether the Applicant’s explanation for the delay was satisfactory, and the prejudice it would […]
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Case note: William Ernest Hinrichsen v Glencore Queensland Limited [2019] QSC 112 Facts: Mr Hinrichsen suffered an injury during the course of his employment with the Respondent (Glencore Queensland Limited) at the Hail Creek Mine. Mr Hinrichsen was injured when the bulldozer he was operating fell into a hole made by a large rock which he […]
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When is the right to time to request or call security? It is well established that an employer owes to its staff a duty of care to ensure their health & safety.[1] However, to prevent undue burden, section 305B(1) of the Workers Compensation & Rehabilitation Act 2003 (‘the Act’) sets out that an employer is […]
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Early in the morning on 25 November 2014 Glenn Garside was riding his motorcycle along Gregory Highway – at approximately 100kph. He was travelling behind a bus, which was travelling behind a truck. When he felt it was safe to, Mr Garfield moved into the centre of the road so he could overtake the bus […]
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