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ARTICLE · 31 OCTOBER 2014

A win for the employer - repetitive task did not cause back injury

HopgoodGanim
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The claim for damages for a back injury from several years of repetitive twisting and bending at work was dismissed.

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It is generally accepted that the cumulative effect of manual work may result in injury to the worker at some point but when is an employer liable for such an injury?

In this Alert, Senior Associate Anna Hendry and Solicitor Hannah Staunton consider the recent decision of Fofana v Inghams Enterprises Pty Ltd [2014] QDC 224 in which District Court Judge Richard Jones dismissed a female process worker's claim for damages for a back injury arising out of several years of repetitive twisting and bending at work.

Facts

The plaintiff commenced work for Inghams Enterprises Pty Ltd (employer) in April 2007. Her role as a process worker required her to frequently work at two work stations referred to as the "skinner" and the "feeder" stations.

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