WorkCover Division Judgments 2012
Selected judgments handed down in the Workcover Division of the Magistrates' Court of Victoria during 2012:
| Berryman v Saferoads Pty Ltd | Magistrate: S. Garnett Hearing at: Latrobe Valley Date of Hearing: 20 February 2012 Date of Decision: 13 March 2012 Reasons for Decision S 109 Rejection – Assault by co-worker on journey home from Christmas function after worker engaged in abusive, drunken and provocative behaviour: issue whether injury arose out of or in course of employment: S 82 (1), S 82 (4) – serious and wilful misconduct |
| Casey v Direct Skills | Magistrate: B Wright Hearing at: Melbourne 20 December 2011 Date of Decision: 31 January 2012 Reasons for Decision Accepted Claim – Weekly Payments – Failure to Provide Certificates of Capacity Within 90 Days – Effect on Entitlement to Weekly Payments for Relevant Period – Accident Compensation Act s. 111 (1), (1A) and (4) |
| Lee v W Sinclair and Sons | Magistrate P. Lauritsen Hearing at: Melbourne 16, 17 January 2012 Date of Decision: 31 January 2012 Reasons for Decision Plaintiff and defendant settled an earlier worker’s compensation claim, subsequent to which the plaintiff returned to work – plaintiff’s current claim for compensation for injury arising out of the course of employment – Accident Compensation Act 1985, s 82(2A), inconsistencies arising as to whether a return to work plan constituted “redeployment” or “reclassification” – aggravation of pre-existing mental injury – no current work capacity – application of the rule in Browne v Dunn (1893) 6 R 67 – no estoppel in relation to latest injury. |
| Mullett v Ramahyuck | Magistrate S Garnett Hearing ar : Latrobe Valley Date of Hearing: 2 December 2011 Date of Decision: 13 January 2012 Reason for Decisions: S 109 Rejection: – denial of injury and incapacity – Anxiety/Depression |
| O'Dea v L'Oreal Australia Pty Ltd | Magistrate: B Wright Hearing at: Melbourne 27 January 2012 Date of Decision: 15 February 2012 Reasons for Decision Workers Compensation – Rejection of Claim – Whether Injury Deemed To or Arose Out of or in Course of Employment – Whether “Incidental” to Employment – Accident Compensation Act 1985 ss 82, 83(1)(b) |
| Popov v Ainsaar | Magistrate S Garnett Hearing at: Melbourne Date of Hearing: 24, 25 October, 8 December 2011 Date of Decision: 13 January 2012 Reasons for Decision S 109 Rejection – Left Shoulder injury – issue at hearing: capacity – Liability not contested |
| Stitt v Amcor | Magistrate B Wright Hearing at: Melbourne, 20 January 2012 Date of Decision: 1 February 2012 Reasons for Decision Rejected Claim for Compensation – Whether “dispute” between parties – Whether “dispute” between parties referred for conciliation and certificate issued by Conciliation Officer – Accident Compensation Act ss. 39(1), 49(1). |
| Sullivan v Toll Holdings | Magistrate: S.Garnett Hearing at: Melbourne Date of Hearing: 13 March 2012 Date of Decision: 22 March 2011 Reasons for Decision S 88 (4) – Industrial Deafness – date of injury: issue whether exposure and injury occurred with defendant as last employer. |