High Court unanimously finds for WorkCover in unusual vicarious liability case
A significant outcome for employers in High Court case examining vicarious liability.
2 August 2023
A significant outcome for employers in High Court case examining vicarious liability.
In the recent workers’ compensation decision of Mason v State of Queensland, an employer was found vicariously liable for an intentional, unlawful assault by a supervisor against a team member as well as for the subsequent retributive behaviour of other employees (essentially verbal abuse for ‘dobbing’ on the supervisor).
It has often been assumed that a claimant with an injury resulting in a degree of permanent impairment of 20% or more was entitled to recover counsel’s fees on settlement of a claim, pursuant to the Workers’ Compensation and Rehabilitation Regulation 2014. However, the Queensland Supreme Court has now definitively held that there is no such entitlement.
Cooper Grace Ward has again been named as a First Tier insurance law firm by Doyle’s Guide. Partners Tony Park and Brady Cockburn were also ranked in the list of Leading Queensland Workers Compensation & WorkCover Lawyers by Doyle’s Guide for 2022.
Cooper Grace Ward is pleased to announce that it has promoted four team members to more senior roles within the firm.
In Giles v State of Queensland [2021] QCA 206, the Queensland Court of Appeal confirmed the District Court’s decision that the State was not negligent in its management and welfare checking of an injured worker during his attendance at a catastrophic fire.
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 of the compulsory conference.
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.