Tag: Course of Employment
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The intersection of vicarious liability and primary duties in CCIG Investments Pty Ltd v Schokman
The High Court of Australia has delivered a definitive judgment regarding the boundaries of corporate liability for out-of-hours incidents in company-provided housing. In CCIG Investments Pty Ltd v Schokman [2023] HCA 21, the bench unanimously overturned a lower court ruling that had found a resort operator vicariously liable for a bizarre and distressing late-night assault.…
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The biological extension—Why cross-border business travel triggers million-dollar workers’ compensation claims
In a groundbreaking determination that fundamentally alters the financial risks of corporate travel, the New South Wales Personal Injury Commission (PIC) has ruled that contracting a biological virus while on an overseas business trip is a compensable workplace injury. In the landmark case of Sara v G & S Sara Pty Ltd [2021] NSWPIC 286,…
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The Death of Hatzimanolis: The High Court Rewrites the Rules for Work-Interval Injuries
For more than two decades, the boundaries of an employer’s workers’ compensation liability during work-related travel were governed by a relatively generous legal principle. Under the classic High Court ruling in Hatzimanolis v ANI Corporation Ltd (1992), an injury occurring during an authorized interval in a remote or temporary work assignment was generally compensable, provided…
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Worker successfully claims for injury during journey to work in SA
A worker has successfully argued before the Workers Compensation Tribunal in South Australia that a journey between home and work in an employer supplied vehicle was “undertaken in the course of carrying out duties”.
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What constitutes notification of an injury?
A recent case before the Workers Rehabilitation and Compensation Tribunal in Tasmania has provided some further clarity around the requirement for an employee to notify their employer ‘as soon as reasonably practicable’ following a workplace incident.
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Coles Supermarkets objecting to paying workers comp on journey claims
One of the biggest chains of supermarkets has raised attention on ‘journey claims’, objecting to paying compensation claims to workers who were injured on their way to or from work in Queensland, citing that employers cannot control risks. According to a Courier Mail report, Wesfarmers (Coles Owner) made a submission to a review of the…
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Pre-existing, degeneration or a once off incident
In an interesting case put before the Queensland Industrial Relations Commission a worker has successfully argued that his spinal injury, which was triggered by a relatively minor action was caused by repetitive lifting and bending over a period of 18 months, even though he had experienced no symptoms during this time.