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.