Category: Workplace Injury Damages
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Psychiatric harm and reasonable foreseeability
Secretary Department of Communities and Justice v Soulos [2026] NSWCA 185 The respondent was a caseworker employed by the appellant, the Department of Communities and Justice (the DCJ). In 2017, a 14-year-old boy (YP) came under the respondent’s responsibility. In May 2019, a one of the respondent’s managers informed the respondent that YP had died by an accidental overdose. The respondent was…
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The s 151Z formula
Synergy Scaffolding Services Pty Ltd v Alelaimat – NSW Caselaw That is, D = T – (C – X), where: D = the sum of damages ultimately recoverable by the plaintiff worker from the third party tortfeasor; T = the sum of damages which would be recoverable by the plaintiff worker from the third party tortfeasor but…
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Karzi v Toll Pty Ltd
Karzi v Toll Pty Ltd [2024] NSWCA 120 [2024] NSWCA 120 Section 326 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW) is not conclusive evidence that a psychiatric injury in respect of which a Workers Compensation Commission certificate is issued is permanent for the purpose of determining causation in negligence. The primary…