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ARTICLE · 06 JANUARY 2016

Carroll & O'Dea secures claim that rewrites NSW Compensation Law

The widow of a man who died of a heart attack whilst on work-related travel, has secured a landmark compensation award.

AustraliaEmployment and HR

The widow of a man who died of a heart attack whilst on work related travel, has secured a landmark award of more than half a million dollars in a case that rewrites NSW compensation law.

Carroll & O'Dea Lawyers secured the settlement of $510,800 by arguing that the man's death was the 'injury sustained' under the Workers' Compensation Legislation.

The Workers' Compensation Commission found that the man, who died alone after a cardiac arrest in his hotel room in Ballina, suffered an injury which may have been avoided had he not been required to travel for his work.

Further, the Commission said that his work related travel created a 'significantly greater risk' of the injury, or death, occurring and as such satisfied the only circumstance in which the amended legislation provides for compensation for heart attack or stroke.

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