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ARTICLE · 03 APRIL 2024

Case Summary – Workers compensation - El Ali V Hunter Operations Pty Ltd [2024] NSWPIC 14 (10 January 2024)

Carroll & O'Dea
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The NSWPIC determined that the driver who was injured in a road rage incident, did so in the course of his employment.

AustraliaEmployment and HR
Hanaan Indari
Hanaan Indari
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The NSW Personal Injury Commission (NSWPIC) has recently determined that a courier driver who sustained injury in a road rage incident, did so in the course of his employment.

Background

Mr Ali (the worker) was employed by Hunter Operations Pty Ltd (the employer) as a courier driver.

On 21 January 2019, the worker was performing his job as a courier driver when another driver overtook him and made offensive gestures towards him. After the other driver stopped his motor vehicle in front of the worker, blocking his passage forwards, the worker exited his motor vehicle to speak to the other driver. This interaction then escalated to a physical altercation that resulted in the worker sustaining both physical and psychological injury. The worker subsequently lodged a claim for workers' compensation.

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