A recent decision of the District Court of Western Australia provides some positive news for employers facing a workers’ compensation claim for a stress-related injury caused by disciplinary action. At first instance in Woodside Energy v Kieronski [2016] WADC 144 the arbitrator held that Ms Kieronski was entitled to compensation for a psychiatric condition caused by … Continue reading
A worker who injured herself when she went for a run whilst working from home has had her application for workers compensation dismissed, but only on the basis that the injury did not occur during an ‘ordinary recess’. Background In Demasi v Comcare (Compensation) [2016] AATA 644 (26 August 2016), the Administrative Appeals Tribunal (AAT) … Continue reading
In, Ashraf v SNC Lavalin ATP Inc. (“Ashraf”) an Alberta judge upheld a master’s decision to strike the statement of claim of a worker seeking to sue his employer for injuries resulting from workplace harassment. The Statement of Claim of the Plaintiff was struck on the grounds that the Alberta Worker’s Compensation Act bars all rights … Continue reading
The B.C. Workers’ Compensation Appeal Tribunal (“WCAT”) in Browne v. British Columbia (Workers’ Compensation Appeal Tribunal) considered a petition by 14 temporary farm hands who were injured when a truck they were riding in left the road and rolled down an embankment. Before and after work each day the 14 workers were driven to and from their residence. Both … Continue reading