What is 'reasonable management action' and how does it work in practice? ...
What is ‘reasonable management action’ and how does it work in practice?
In Bona v Jeffries & Allianz Australia Insurance Limited [2021] QSC 84, the defendant insurer failed, on the basis of unreasonable delay, in its application to the Brisbane Supreme Court for an order that the plaintiff submit to an assessment by an occupational therapist over 12 months after the holding
The findings of the Court in this highly unusual compensation claim should provide some comfort to employers but is a reminder to remain focused on practical measures to minimise foreseeable risks of injury to employees.
In the claim of Gray v Wagga Wagga City Council [2021] NSWDC 108, the plaintiff failed to prove negligence against the Wagga Wagga City Council after an automatic door at an airport closed and struck her, injuring her neck, left shoulder and back.
The Court of Appeal has increased the damages awarded to a truck driver who sustained a lower back injury at work to $967,000, highlighting that courts will be cautious in applying discounts to account for pre-existing medical conditions.
On 31 August 2020, Mr McLean pleaded guilty in the Brisbane Magistrates Court to 10 charges of dishonesty in relation to a claim for compensation made under the Workers’ Compensation and Rehabilitation Act 2003. On 19 November 2020, Mr McLean received a prison sentence for the offences.
In Giles v State of Queensland [2020] QDC 332, the District Court of Queensland dismissed an injured worker’s claim on the basis the State was not negligent in its management and welfare checking during his attendance at a catastrophic fire.
In Walker v Greenmountain Food Processing Pty Ltd [2020] QSC 329, the Supreme Court of Queensland found in favour of an injured worker who climbed onto a roof to inspect a boiler failure, at nightfall after drinking alcohol. He was awarded over $960,000 and his damages were not reduced for
The team has been listed as a first tier Workers Compensation & WorkCover Law firm. First tier is the highest category achievable
Allegations that an employer failed to undertake a risk assessment and prepare a documented system of work are a feature of most common law work claims.
The duty owed by retailers and shopping centre operators to prevent slips and falls is a very high one. However, the recent decision of Carnemolla demonstrates that where a defendant has a good defence supported by a detailed incident report they can still win.
The COVID-19 pandemic has dramatically increased an already significant trend of workers working from home. This blurs the line between what occurs in the course of a worker’s employment and their personal life.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Fast, accurate and flexible entities including companies, self-managed superannuation funds and trusts.