Case studies
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Fatigue Management plans a must for shift workers
Kerle v BM Alliance Coal Operations and ors [2016] QSC 304, 16 December 2016. In this case, the employer (a labour hire company), the mine owner and the host employer were all found liable for the Plaintiff's injuries, including a brain injury, sustained in a motor vehicle accident.
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Banana labourer’s damage reduced for contributory negligence, pre-existing conditions and sporadic work history
Mr Longbottom was a labourer who was 35 years old at trial. He alleged he sustained right hip, right shoulder and secondary psychological injuries when the top of the banana tree (and the bunch of bananas) being harvested fell on the plaintiff.
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Damages awarded despite lie about pre-existing symptoms
Luck v Civil Mining and Construction Pty Ltd, 16 December 2009. This case study discusses how a Court may find that a worker who has lied about their pre-existing symptoms, sustained serious injuries from previous non-work related events, or has credit issues, can still award damages.
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Plaintiff awarded damages after Q-fever diagnosis
A 57 year old supervisor/carpenter working on a school farm was diagnosed with Q-Fever in January 2012, that has since developed into Q-Fever Debility Syndrome. The worker, who has been unable to return to work, claimed damages from his employer and from the State of Queensland as the controller of the school/school farm.
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Employer not liable for worker failing to keep look out
Pershouse v Sirius Observatories Australia [2013] QDC, 9 May 2013. The Court was satisfied that there was no duty upon the employer to protect the worker from a risk that would have been reasonably foreseen by the worker.
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Principal contractor held to not be liable
The worker brought an action in negligence to recover damages from the defendants in respect of personal injuries he says he sustained whilst working as a concreter.
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Employer found liable for ankle injury
The plaintiff suffered an injury to her right ankle and a psychological injury when she stepped on a Lego block and rolled her ankle whilst removing an A-Frame obstacle course from a storage shed on 29 August 2017.
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Scentre Group: From little things, big things grow
Scentre Group is the owner and operator of Australia and New Zealand’s largest shopping centre portfolio, Westfield.
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Causation, quantum
Mr Tyndall was a right handed coal miner who was 50 years old at trial. He alleged he sustained a vibration induced white finger syndrome on his left ring finger as a result of driving two specific types of loaders over a period of time between 1 September 2015 to 1 May 2016.
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Employer found liable for a lumbar spine injury
The plaintiff suffered an injury to her lumbar spine while lifting a load from a low pallet to a sheft on 28 April 2019.
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Manual task case study: Using an oxy cutting/welding torch on rotators - Monadelphous Engineering
Case study about how Monadelphous Engineering applied the PErforM program to reduce the manual-tasks risks of using an oxy cutting/welding torch on rotators.