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  • Credibility of witness statements

    Tep v ATS Australasian Technical Services Pty Ltd [2012] QSC, 7 September 2012. This case was decided on credibility where his honour preferred the evidence of the defendant’s witnesses to that of the workers as to how the event occurred.

    1 July 2015

  • Considering genuine occupational requirements

    Chivers v State of Queensland (Queensland Health) [2014]QCA 141 13 June 2014 The Queensland Court of Appeal recently handed down a decision which helps to clarify employers’ responsibilities in considering whether a particular requirement of a position is a genuine occupational requirement, or, whether adjustments should be made to meet the needs of an employee with an impairment or disability.

    1 July 2015

  • Baggage handler unsuccessful in claiming negligence for requirement “repetitively” step up and down from a curb

    The Plaintiff alleged that on 29 February 2016, he was required to repetitively step up and down from a standard painted curb in order to transport arriving FIFO workers’ bags from his trailer onto a footpath.

    18 August 2021

  • Employer liable where procedure not enforced and inadequate training of plaintiff

    On 21 January 2014 the Plaintiff suffered an injury to his lumbar spine in the course of using an Armatec Vacuum lifter to move panes of glass from a trolley to the production line at the Defendant’s Eagle Farm premises.

    21 November 2019

  • Impact of injury on Economic Loss

    Judge v RH Grey & Son Pty Ltd & Ors [2012] QDC 33. This case demonstrates the impact an injury can have on a worker’s ability to earn income over their working life.

    1 July 2015

  • Decision explores duty of care and psychiatric injury

    Palmer & Ors v State of Queensland 27 March 2015. This judgement analyses what employee actions can be classified as being within the course of employment and shows that, if an internal investigation process is followed by an employer, there is no special duty of care owed to minimise the risk of psychiatric injury to employees being investigated.

    12 November 2015

  • Warning could have prevented injury

    Fetu v Northern Iron and Brass Foundry [2013] QDC 330. Worker suffered a shoulder injury when he was working in a primer booth as a spray painter.

    1 July 2015

  • Corrective Services Officer fails in claim relating to unprovoked prisoner assault

    Mr Corbin, a corrective services officer, was assaulted by prisoner X on 10 October 2013 resulting in him suffering a number of injuries including a head injury. Mr Corbin had earlier asked prisoner X to smoke outside but he persisted. The attack occurred shortly after Mr Corbin re-approached the prisoner, without another officer, to again ask him to stop smoking. Without warning, prisoner X struck Mr Corbin several times in the head.

    5 June 2019

  • Future economic loss based on post injury income

    Kirchner v ITT Water, 5 November 2010. This case study demonstrates a Court may use post injury income to assess future economic loss

    1 July 2015

  • The Reasonable Foreseeability Threshold - unfortunate accidents can happen

    Micallef v Endeavour Foundation [2013] QDC 142, 28 June 2013. WorkCover Queensland was recently successful in defending a matter for Endeavour Foundation in the District Court Decision of Micallef v Endeavour Foundation [2013] QDC 142.

    1 July 2015

  • Was a breach in duty of care the cause of harm?

    Carswell v Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane [2012] QSC, 7 September 2012. This case highlights that even though an employer may have breached their duty of care, the onus is on the worker to prove that the breach was a material cause of the harm suffered by the worker.

    1 July 2015

  • No breach of duty where cleaning system enforced

    Scott v Jackson Garden Landscape Supplies Pty Ltd 17 February 2015. This decision highlights the importance of an employer not only having in place a system of work, but also maintaining and enforcing that system to guard against risk of injury.

    1 July 2015