ARTICLE · 27 DECEMBER 2013

Workers’ compensation and the burden (of proof)

Kott Gunning

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Employees in supervisory roles cannot exceed physical limitations and then claim employer negligence if they are injured.

AustraliaEmployment and HR

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Caruso v Black and White Distribution Pty Ltd [No 2] [2013] WADC 145

The plaintiff, Mr Caruso (C), alleged that on 2 December 2002, whilst employed by the defendant, he suffered an injury caused by their negligence, breach of employment contract and/or breach of the Occupational Safety and Health Act 1984, which rendered him totally unemployable for the rest of his life.

As part of his claim, C said that the defendant required him to service motor vehicles, despite knowing that he had sustained previous back injuries in 1992 and 1995.

The defendant denied that C suffered an injury at work on 2 December 2002 as a result of any specific incident and contended that, if he had, it was not caused by their breaches of duty.

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