The Personal Injury Lawyers


News, articles and useful guides on compensation


Personal Injury News, Articles & Useful Guides On Compensation

For over 34 years we have won claims on behalf of clients. So we thought it prudent to gathering some of those extensive details about claims, legal developments, interesting and relevant articles, guides and more, all in to one place. Some of the articles are very comprehensive and dense, you can search above or view by each posts tags to find out more. Got a question? Contact us and we'll be glad to help you and clarify anything you need.

Link Betwen Original and Secondary Injury Re-Considered By Queensland Industrial Court

The Queensland Industrial Court allowed an appeal by Tony Luxton, against a decision by WorkCover to reject his claim for a secondary physical injury.

Mr Luxton had three prior accepted work-related injuries to his left knee. One of the consequences of these injuries was that his left knee would on occasion spontaneously give way. He was awaiting surgery on his knee when he was walking up some stairs at home and his left knee gave way. He suffered an injury to his right knee when his right foot impacted on the stairs after his left knee gave way. The right knee injury was rejected by WorkCover and QComp.

On appeal, the decision of the Court in WorkCover Queensland v Ward {2001} QIC 47 was reconsidered and found to have been effectively misinterpreted by the Insurer and QComp. The requirement of Ward that there be an inexorable link between the original work-related injury and the secondary injury was putting words into the definition of injury. The right knee injury was held to have arisen out of employment by reason of it being caused by the work related left knee injury.

Luxton v QComp C/2008/141 (19 December 2008)

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