In the case of Schneider v Smith & RACQ Insurance [2016] QSC 047, the Court was faced with determining the impact of accident injuries on the Plaintiff’s pre-accident lifestyle and employment against a strenuous argument by the Defendants that the Plaintiff’s cannabis abuse was a main cause of any claimed psychiatric condition and loss of earning capacity, and his general “surfer” attitude should reduce any economic loss award…
Would you consider that peeling an orange in a lunch break could give rise to a foreseeable risk of injury? Well their Honours, Justices Gotterson, Applegarth and Holmes found this to be the case when handing down their decision in the case of Joshua Boon Summs of Qld Pty Ltd [2016] QSC 38.
Their Honours overturned the decision of the trial judge at first instance who had dismissed the Plaintiff’s claim, to find for the Plaintiff/Appellant and award him increased damages of around $215,000…
The decision of Sinclair v Sunshine Coast Independent Living Service Inc [2016] QSC 63 reinforces how important it is for an injured worker to make a formal report of their work injury to the employer and to their doctor, as soon as possible after their work accident occurs.The Plaintiff claims a back injury at work pulling a wheelchair bound resident over a step and door lip…
Mr Merton sustained injury in work for a local Council & brought a workers compensation claim. Workcare tried to avoid its obligations to the injured worker…
On 1 March 2016, His Honour Justice Boddice, sitting in the Supreme Court at Brisbane handed down a decision on the case of a meat worker who suffered back strain whilst throwing a meat cut onto a nearby conveyor belt…
Jane Farnham worked from home but that has different legal ramifications. Questions? Get a FREE LIVE CHAT with our lawyers and answer your questions.
A good example why it is so important that you engage The Personal Injury Lawyers as experts in personal injury claims and not run your own case. Mr Edwards lost the opportunity to claim for what he considers to be significant future lost income in his claim because he did not properly plead his case to the Court…
Shane Cumbers was injured when he was assaulted by a co-worker whilst sleeping at the Moranbah mining camp, in the course of his employment at the Moranbah mines. Mr Cumbers brought an application for workers’ compensation for his injuries, which was repeatedly rejected at the insistence of his employer, Civeo. An appeal of his case was brought all the way to the Industrial Court and succeeded…
An interesting personal injury case came before the Supreme Court in New South Wales where a Defendant in a proceeding claimed that a case had been settled on the eve of a trial following Friday afternoon discussions between solicitors, but the Plaintiff held that no settlement had been reached…
For those Queensland workers having to deal with workers’ compensation insurers when trying to achieve the required 6% DPI assessment for work injuries occurring during the period 15 October 2013 to 30 January 2015, this case may give them a reason to take heart…
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