The following new case summaries have been added to the Wolters Kluwer Australian Workers Compensation Guide — the only Australia-wide publication for lawyers, which provides comprehensive coverage on the complex workers compensation regimes operating across all nine Australian jurisdictions. For a free trial please click here.
The South Australian Employment Tribunal awarded compensation to a worker who fractured his ankle when he suffered an epileptic seizure at work.
Long v One Steel Limited 2016 AWR ¶20-482;  NSWWCC 163:
The Workers Compensation Commission of NSW ruled that a worker who injured himself while on suspension for a serious safety breach was entitled to workers compensation for his injuries.
Howes and Comcare (Compensation) 2016 AWR ¶20-483;  AATA 448:
The Administrative Appeals Tribunal has denied compensation to a worker who claimed she needed breast reduction surgery to reduce the effects of a work-related neck injury. In doing so, it found that the surgery was unnecessary and that losing weight would have had the same effect.
Colley and Comcare (Compensation) 2016 AWR ¶20-484;  AATA 573
The Administrative Appeals Tribunal found that a border guard who injured his back at work was not entitled to compensation for weight gained while he recovered due to inactivity. In doing so, it ruled that any reduction in exercise was the border guard’s choice and not the result of being unable to engage in activity.
Schepis v Workers’ Compensation Regulator 2016 AWR ¶20-485;  QIRC 77:
The Queensland Industrial Relations Commission has ruled that the widow of a man killed in a work-related car accident was not entitled to compensation. In doing so, it found that her husband had been the de facto director of the employer company and was therefore not a “worker” under s 11 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).