Case studies
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Barry Bros Specialised Services Pty Ltd (Toxfree Australia)
The Barry Bros leadership team worked with an IPaM advisor to complete a safety systems assessment, an onsite inspection and a safety climate survey.
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Plaintiff unsuccessful in proving liability in prison assault
Eastment v State of Queensland [2018] QCA 253 – Court of Appeal Brisbane The plaintiff, a former correctional officer, was assaulted by a prisoner on 8 March 2009. The plaintiff developed a significant psychiatric injury as a result of the event. Quantum was agreed and the matter proceeded as a liability only trial.
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Injured TV show contestant found to be a ‘worker’
The New South Wales Workers’ Compensation Commission found that an injured reality TV show contestant was a ‘worker’ for the purposes of workers’ compensation.
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Credibility suffers from highly inflated claim
Test v Forgacs Engineering Pty Ltd [2012] QDC 318, 24 October 2012. This case was decided on credibility, where the evidence of the defendant’s witnesses was preferred to that of the Plaintiff.
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Employer not liable to Fire Fighter for exposure to traumatic scene
The plaintiff was a Fire Fighter who was on shift on 24 August 2011, when a tragic house fire occurred.
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Injury due to an unsafe system of work
Constance v Bush Services Pty Ltd [2013] 24 June 2013. The Court expects employers to take all reasonable precautions to implement and maintain a safe system of work to ensure that workers are not injured while at work.
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Liability admitted but future economic loss disputed
Haden v Smith's Snackfood Company Ltd [2013] QMC 1 11 February 2013. The plaintiff won in the Magistrates Court, but the decision was successfully appealed due to an incorrect calculation of damages.
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Damages awarded for physical and psychological injury
Harris v State of Queensland [2014] QDC 35 28 February 2014. Liability was admitted by the employer, but a psychiatric injury, which arose after the physical workplace injury, led to the trial to judge the amount of damages.
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Evidence and symptoms must support damages claim
Bawden v Proserprine Cooperative Sugar Milling Association Ltd 9 April 2015 [QDC 205]. This case highlights that in the case of a psychiatric injury, that evidence and symptoms must support the damages claim.