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ARTICLE · 02 OCTOBER 2019

Similar facts in workers compensation claims?

Cooper Grace Ward
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The case shows a trend in the way of litigating claims for psychological injury, which makes defending them more onerous.

AustraliaEmployment and HR
Tony Park
Tony Park
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In Deanne King v Workers' Compensation Regulator [2019] QIRC 134, the Queensland Industrial Relations Commission (QIRC) allowed a worker to lead 'similar fact evidence' in support of an appeal. The worker was appealing against a rejected claim for a psychological injury caused by alleged bullying and harassment by her supervisor.

The case reflects a trend in the way claimant lawyers are litigating claims for psychological injury, which makes defending them more onerous.

Facts

The worker was a night fill team leader at Coles' Stafford store. Coles initially rejected the worker's claim based on the 'reasonable management action' exclusion in the Workers' Compensation and Rehabilitation Act. The Regulator upheld the rejection.

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