In 2012, the Workers Compensation Act 1987 was amended
to provide that no compensation can be awarded under the Act for
heart attack or stroke unless the nature of the worker's
employment resulted in a significantly greater risk of the claimed
injury (s 9B). Years later, the case of Haridra De Silva v
Department of Finance & Services [2015] NSWWCC 279 is the
first workers compensation case to satisfy the threshold of
'significantly greater risk' in relation to a claim
following a fatal heart attack.
Factual background
Mr Fernando was employed as a principal engineer with the NSW
Department of Finance & Services. He and a work colleague were
required to attend a two-day site visit at Ballina in August 2014.
After completing a day's work, they retired to their respective
motel rooms at about 10pm. The following morning, Mr Fernando did
not arrive for breakfast. Having failed to obtain a response to
telephone calls, the management forced open his door to find
