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ARTICLE · 04 JULY 2020

Aggravations of work injuries at home – Compensable or novus actus?

A recent decision examined the relationship between work injuries and subsequent aggravations that do not occur at work.

AustraliaEmployment and HR

State of New South Wales v Goonan [2020] NSWWCCPD 28

A recent decision of Deputy President Wood has examined the relationship between work injuries and subsequent aggravations that do not occur at work.

Background:

Mr Goonan was employed as a police officer, working in the Tactical Operations Unit and then later in the Police Prosecutions Division. He suffered an injury to his back as a consequence of his work related duties in both those roles, which was deemed to have occurred on 17 August 2015.

That claim was accepted, with weekly compensation and medical expenses paid by the workers compensation insurer.

Mr Goonan subsequently continued to work in his position as a prosecutor before two incidents in early 2019 forced him off work and led to major surgery.

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